The IPKat BLOG – Page 236

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Common sense prevails in trade mark specification interpretation

http://ipkitten.blogspot.com/2019/11/common-sense-prevails-in-trade-mark.html Legal interpretation is of particular interest to this Kat, so she was intrigued to hear about this case which turned on the correct interpretation of a trade mark specification; the literal vs the “common sense approach”. Here’s what happened. Background to the case Kat AllianceImage: Andy Miccone In January 2011,... Continue reading
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[Guest post] Polish Constitutional Tribunal rules that rightholders can claim damages amounting to twice a hypothetical licence fee in copyright infringement cases

http://ipkitten.blogspot.com/2019/11/guest-post-polish-constitutional.html Damages for copyright infringement: how much can be claimed? In this guest post, Katfriend Bohdan Widła (Barta & Kalinski sp.j.) provides an update on recent developments in Poland. Here’s what Bohdan writes: Polish Constitutional Tribunal rules that rightholders can claim damages amounting to twice a hypothetical licence fee in... Continue reading
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Amsterdam district court orders Google to take offline fake reviews

http://ipkitten.blogspot.com/2019/11/amsterdam-district-court-orders-google.html Last week, the Amsterdam district court issued an interesting decision in which it ordered Google to remove from Google Maps’ review section negative reviews after concluding that they were fake [decision here, in Dutch]. The decision is likely to set an important precedent for future cases involving fake reviews,... Continue reading
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GC excludes likelihood of confusion between marks representing stylized human figure and relating to same goods due to low distinctiveness of shared concept

http://ipkitten.blogspot.com/2019/11/gc-excludes-likelihood-of-confusion.html In an intriguing judgment delivered earlier this month (T-149/19), contrary to the earlier decision of the EUIPO Second Board of Appeal, the General Court (GC) excluded any likelihood of confusion between the two signs represented below, despite sharing the same public and considering the latter’s average level of attention,... Continue reading
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CJEU follows up on Soulier and Doke and rules that presumption of consent of performers in relation to exploitation of recordings is not necessarily contrary to EU law

http://ipkitten.blogspot.com/2019/11/cjeu-follows-up-on-soulier-and-doke-and.html Readers will recall that back in 2015 the Court of Justice of the European Union (CJEU) decided the important Soulier and Doke case [Katposts here], ruling that EU law mandates the recognition of the ‘author principle’, that is the need for the consent – whether express of implied (the... Continue reading
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UCL IBIL Event: Boris v Corbyn v Trump – putting a price on patents, medicine and innovation

http://ipkitten.blogspot.com/2019/11/ucl-ibil-event-boris-v-corbyn-v-trump.html An election is not what the AmeriKat ordered… Next Thursday is Thanksgiving. It is one of the AmeriKat’s favorite holidays: no gifts, no pressure, just food and friends. Although she seldom gets to go home to celebrate it, she makes a point of marking the day. Last year she... Continue reading
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JMLS IP Conference (Report 2): Patent eligibility, anti-anti suits and the era of unpredictability

http://ipkitten.blogspot.com/2019/11/jmls-ip-conference-report-2-patent.html State of Patent Law Panel at the JMLS 63rd IP Conference Back in Chicago at the 63rd UIC John Marshall Law School, Kat friend Amy Crouch (Simmons & Simmons, London) was reporting from the “The State of Patent Law & Policy: Views from the Top” session. This session boasted... Continue reading
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Shifting the burden of proof back to the patentee (T 1299/15)

http://ipkitten.blogspot.com/2019/11/shifting-burden-of-proof-for-back-to.html In disputes of insufficiency before the EPO, the burden of proof is initially on the side of the party alleging that the patent or application is insufficient. An opponent arguing that an invention is insufficiently disclosed generally must provide evidence that, despite making all reasonable efforts, they were unable... Continue reading
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JMLS IP Conference (Report 1): Antitrust, IP, data and FRAND – time for a retool?

http://ipkitten.blogspot.com/2019/11/jmls-ip-conference-report-1-antitrust.html Every Halloween, if the moon is right, the AmeriKat ventures west to the windy city of Chicago to take part in the UIC John Marshall Law School Annual IP Conference organized by the ever energetic Professor Daryl Lim. This year marked its 63rd Annual IP Conference. But this year... Continue reading
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FRAND: OLG Karlsruhe rules on nature, extent and timing of obligations under Huawei v ZTE

http://ipkitten.blogspot.com/2019/11/frand-olg-karlsruhe-rules-on-nature.html The IPKat is delighted to receive this guest report on the latest development in the ongoing FRAND wars, this time from Germany and concerning the requirements for a FRAND offer. Rien Broekstra and Gaëlle Béquet of Brinkhof (Amsterdam), who represent Wiko in the parallel Dutch litigation, are the authors.On 30... Continue reading