• Book review: The Confusion Test in European Trade Mark Law

    http://ipkitten.blogspot.com/2020/05/book-review-confusion-test-in-european.html The Confusion Test in European Trade Mark Law by Ilanah Fhima (Reader, University College London – and former Kat!) and Dev S. Gangjee (Professor, University of Oxford) was the winner of the IPKAT Best Book on Trade Mark Law 2019 and this Kat is pleased to provide you with... Continue reading

     
  • Around the IP blogs

    http://ipkitten.blogspot.com/2020/05/around-ip-blogs_31.html The copycat Trade marks  The Fashion Law reports on an on-going dispute between Amiri, a high end fashion brand, and Zara. The $3 million lawsuit revolves around a pair of skinny jeans, combining denim and biker-style leather details, which Zara allegedly copied from Amiri. Amiri invokes trade dress infringement... Continue reading

     
  • Book review: The Making Available Right

    http://ipkitten.blogspot.com/2020/05/book-review-making-available-right.html This Kat is delighted to review The Making Available Right: Realizing the Potential of Copyright’s Dissemination Function in the Digital Age by Cheryl Foong (Lecturer, Curtin Law School, Australia).This book suggests that copyright has an underserved function – dissemination. And that this dissemination function can be served through a... Continue reading

     
  • Beijing Treaty in Africa series #1: Algeria (Implementing the Beijing Treaty on Audiovisual Performances in Africa)

    http://ipkitten.blogspot.com/2020/05/beijing-treaty-in-africa-series-1.html The Beijing Treaty on Audiovisual Performances (“Beijing Treaty”) entered into force on 28 April 2020 (3 months after the 30th Contracting Party had submitted its instrument of ratification or accession to WIPO). It now behoves on Contracting Parties to implement the treaty or domesticate the treaty into their respective... Continue reading

     
  • WIPO launches own digital evidence service WIPO PROOF

    http://ipkitten.blogspot.com/2020/05/wipo-launches-own-digital-evidence.html On 27 May 2020, the World Intellectual Property Organization (WIPO) launched its global online service WIPO PROOF, which produces tamper-proof evidence regarding the existence of a digital file at a specific time. The new service is available through the WIPO IP Portal within the category ‘Digital Evidence’ and the... Continue reading

     
  • The Chalk Pencil infringement claims have been erased: Lanard Toys v. Dolgencorp

    http://ipkitten.blogspot.com/2020/05/the-chalk-pencil-infringement-claims.html A Chalk Kat This Kat is always excited to see intellectual property cases concerning product designs, as these cases present a great opportunity to explore the intersection of various IP regimes in a single work. Earlier this month, this Kat got his wish: the Federal Circuit Court of Appeals... Continue reading

     
  • Beef in veggieland: Hague court rules that INCREDIBLE BURGER infringes IMPOSSIBLE BURGER trade mark

    http://ipkitten.blogspot.com/2020/05/beef-in-veggieland-hague-court-rules.html One of this Kat’s favourite journalistic pieces of the last year was a foray, by Tad Friend for The New Yorker, into the world of vegetarian burgers [here]. In particular, it chronicles Pat Brown‘s mission to “save the planet from environmental catastrophe“. His strategy? The Impossible Burger, a 100%... Continue reading

     
  • Wednesday Whimsies

    http://ipkitten.blogspot.com/2020/05/wednesday-whimsies_27.html This Kat has taken a new perspective As ever, there’s lots of events and opportunities available to enjoy in the IP-o-sphere this week. Conferences & Events The 2020 Kraków IP Law Summer School will take place from 14 to 18 September 2020 (online). If you’re an interested student of... Continue reading

     
  • ‘XOXO’ word mark cannot be registered as a trade mark, says EU General Court

    http://ipkitten.blogspot.com/2020/05/xoxo-word-mark-cannot-be-registered-as.html XOXO – what does one first think of when they see/hear the expression? Some may equate it with hugs and kisses, others may immediately think to follow it up with “…Gossip Girl” [*slowly raises hand*], some may recall the US fashion brand, and those who have been stuck on... Continue reading

     
  • Punitive damages introduced into the Draft of the Amended Copyright Law of China

    http://ipkitten.blogspot.com/2020/05/punitive-damages-introduced-into-draft.html On 26 April 2020, the Draft Amendment to the Copyright Law of the People’s Republic of China (‘CLC’) was submitted to the 17th meeting of the standing committee of the 13th National People’s Congress for deliberation. It was then published on 30 April 2020 to solicit opinions from the... Continue reading