The IPKat BLOG – Page 208

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European Council authorises signature of the EU-China agreement on geographical indications

http://ipkitten.blogspot.com/2020/07/european-council-authorises-signature.html On 20 July 2020, the European Council announced its decision on the agreement between the EU and China on Geographical Indications (GIs). Mr Wang Wenbin, spokesperson of the Ministry of Foreign Affairs, welcomed the European Council’s decision two days later in the regular press conference and stated that China... Continue reading
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EUIPO Fourth Board of Appeal says that “LEGNOLAND” for Class 28 goods is confusingly similar to “LEGO” and “LEGOLAND”

http://ipkitten.blogspot.com/2020/07/euipo-fourth-board-of-appeal-says-that.html In a recent decision, the EUIPO Fourth Board of appeal did not consider it relevant that the public might understand the contested figurative mark as meaning “land of wood” (“legno” in Italian means “wood”) and that the message conveyed to consumers would be that the goods sold under the... Continue reading
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The AG Opinion in YouTube/Cyando: a regressive interpretation of the right of communication to the public

http://ipkitten.blogspot.com/2020/07/the-ag-opinion-in-youtubecyando.html AG Saugmandsgaard Øe A few days ago, The IPKat reported on Advocate General (AG) Saugmandsgaard Øe’s Opinion in Joined Cases C-682/18 YouTube and C-683/18 Cyando. When the Court of Justice of the European Union (CJEU) issues its judgment, it will have the opportunity to determine: Whether user-uploaded content (UUC)... Continue reading
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Academic spotlight (II): Borghetti, Nikolic and Petit on FRAND licensing levels

http://ipkitten.blogspot.com/2020/07/academic-spotlight-ii-borghetti-nikolic.html The second post in this academic spotlight miniseries [see here for part I on NPE activity] is on a study by Jean-Sébastien Borghetti, Igor Nikolic and Nicolas Petit, entitled ‘FRAND licensing levels under EU law‘ [here]. This paper was discussed in a webinar hosted by 4IPCouncil called FRAND licensing... Continue reading
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What’s in a Name? International Olympic Committee to Lose “Pierre de Coubertin” Trade Mark

http://ipkitten.blogspot.com/2020/07/whats-in-name-international-olympic.html Were it not for the pandemic, many Kat readers would currently be following the Summer Olympics in Tokyo. As admittedly small comfort, the IPKat can at least report about some Olympic IP news, while waiting for the Games of the XXXII Olympiad of the modern era. Baron Pierre de... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2020/07/sunday-surprises_26.html Joint IPKat/BLACA Live Webinar on AG Opinion in YouTube/Cyando Earlier this week, The IPKat and the British Literary and Artistic Copyright Association (BLACA) partnered together to offer a free live webinar discussing the content of the recent Advocate General’s Opinion in Joined Cases C-682/18 and C-683/18 [here]. Chaired by... Continue reading
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SUBMARINER vs MARINER: when a sailor-themed trademark application meets a watery end

http://ipkitten.blogspot.com/2020/07/submariner-vs-mariner-when-sailor.html Trademark law in Singapore is always interesting, not the least because of the role that passing off and reputation can take. Kat friend Denise Loh describes for us how all of this played out in a recent decision by the Intellectual Property Office of Singapore involving an opposition filed... Continue reading
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Never Too Late: if you missed the IPKat last week

http://ipkitten.blogspot.com/2020/07/never-too-late-if-you-missed-ipkat-last_25.html This Kat likes the flowers (and maybe even the bumblebees) If you didn’t get the chance to keep up with The IPKat last week, never fear: this week’s roundup is here. Copyright The big copyright news last week came in the form of Advocate General Øe’s Opinion in Joined Cases... Continue reading
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Academic spotlight (I): Sterzi, Rameshkoumar and Van der Pol on NPE activity

http://ipkitten.blogspot.com/2020/07/academic-spotlight-i-sterzi.html In between chasing birds and lounging on her editors’ desks, Merpel occasionally reads some of the materials that pass over them. Recently, she came across two academics publications that may be of particular interest to patent-oriented readers of IPKat. This post, therefore, kicks off a two-part miniseries, which will... Continue reading
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Lord Justices Floyd and Arnold disagree on the inventiveness of expandable hoses [2020] EWCA Civ 871

http://ipkitten.blogspot.com/2020/07/lord-justices-floyd-and-arnold-disagree.html Some of the best inventions are the most simple. When judging the inventiveness of a simple invention, it is difficult not to be prejudiced by hindsight. An invention may seem obvious once an inventor has pointed the way, making it hard to recognise the inventive leap that was required. The... Continue reading