The IPKat BLOG – Page 249

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Proving the existence of confidentiality agreements and the celestial teapot – T 2037/18

http://ipkitten.blogspot.com/2019/12/proving-existence-of-confidentiality.html T 2037/18 is an EPO Boards of Appeal case that considers how much an opponent needs to prove in the Notice of Opposition itself. The case related to a dispute between Bombardierand Siemens regarding Bombardier’s EP patent (EP2619063) for a train carriage. Siemens cited a train (the TDR Series 460) as prior... Continue reading
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[Guest Post] When you own an artwork, you don’t own the copyright: Danish artist wins injunction against watchmakers planning to cut up painting

http://ipkitten.blogspot.com/2019/12/guest-post-when-you-own-artwork-you.html With thanks to Hanne Kirk and her team at Gorrissen Federspiel (Denmark) for this fascinating post regarding the outer limits of copyright in an artwork: On Monday, 2 December 2019, the Danish Maritime and Commercial High Court issued a ruling in a case which explores the fine line between... Continue reading
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[Guest post] Conference report – More Than Just a Game came to Milan

http://ipkitten.blogspot.com/2019/12/guest-post-conference-report-more-than.html Recently, Bocconi University hosted a new edition of the popular More Than Just a Game conference franchise. Alina Trapova (Bocconi University) has prepared a report. Here’s what Alina writes: Conference report – More Than Just a Game came to Milan On 22 November 2019, Bocconi University hosted the first... Continue reading
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TCL v Ericsson overturned on appeal in US; will go to jury trial

http://ipkitten.blogspot.com/2019/12/tcl-v-ericsson-overturned-on-appeal-in.html The IPKat is grateful to the eagle-eyed FRAND watcher Richard Vary for this guest contribution: Readers will remember the news of Christmas 2017: Judge Selna in the Central District of California determined the FRAND royalties that TCL should pay to Ericsson. The decision attracted comment because the rates were... Continue reading
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IP and the controversial “Hate Speech Bill” in Nigeria

http://ipkitten.blogspot.com/2019/12/ip-and-controversial-hate-speech-bill.html Hate is such a strong emotion. And, so subjective…capable of being treated seriously or in a cavalier manner. Take these fictional examples. A parent tells a child to turn off the TV and go to bed and the child goes: “You never let me have any fun! You hate... Continue reading
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In memoriam: D. C. Fontana, the creator of Mr. Spock from Star Trek

http://ipkitten.blogspot.com/2019/12/in-memoriam-d-c-fontana-creator-of-mr.html Space: the final frontier. These are the voyages of the starship Enterprise. Its five-year mission: to explore strange new worlds, to seek out new life and new civilizations, to boldly go where no man has gone before. And so, the voice-over of Captain James Kirk would introduce each episode... Continue reading
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CJEU rules that “aceto” and “balsamico” are not individually protectable components of PGI “Aceto Balsamico di Modena”

http://ipkitten.blogspot.com/2019/12/cjeu-rules-that-aceto-and-balsamico-are.html Yesterday, the Court of Justice of the EU (CJEU) issued its decision in Case C-432/18, Consorzio Tutela Aceto Balsamico di Modena v Balema GmbH [here]. The decision sets important limitations on the scope of protection of the Protected Geographical Indication (PGI) “Aceto Balsamico di Modena” and for PGI’s registered... Continue reading
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Mandatory mediation in Greece: Odysseus reaches Ithaca

http://ipkitten.blogspot.com/2019/12/mandatory-mediation-in-greece-odysseus.html Kat friend Marina Perraki summarizes the just concluded legislative enactment in Greece to introduce a form of mandatory, including with respect to IP infringement actions. We have previously reported on Greece’s legislative initiative to introduce mandatory mediation in certain civil and commercial disputes, including trademark infringement disputes. The respective... Continue reading
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AG Campos advises CJEU to rule that Amazon might be potentially liable for trade mark infringement

http://ipkitten.blogspot.com/2019/12/ag-campos-advises-cjeu-to-rule-that.html Last week, Advocate General (AG) Campos Sánchez-Bordona delivered an important Opinion in Coty Germany v Amazon, C-567/18 [not yet available in English]. He advised the Court of Justice of the European Union (CJEU) to rule that, for the sake of applying Articles 9(2)(b) and 9(3)(b) EUTMR (stocking of goods for... Continue reading
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Are two different whales conceptually identical? Fourth Board of Appeal finds likelihood of confusion despite some visual dissimilarities between marks

http://ipkitten.blogspot.com/2019/12/are-two-different-whales-conceptually.html Can simple things become difficult? In a recent decision, the Fourth Board of appeal reaffirmed a basic truth: if your sign has the same concept of another, then there is conceptual identity between these two. Having recognized that there are indeed differences between the signs, in this case the... Continue reading