The IPKat BLOG – Page 255

In: The IPKat BLOG

Irish Supreme Court in Merck v Clonmel puts “adequacy of damages” back in the balance when granting preliminary junctions

http://ipkitten.blogspot.com/2019/08/irish-supreme-court-in-merck-v-clonmel.html The AmeriKat hiding from work-relatedintruders in the Castello’s garden Right at the end of July, came big news from the Irish Supreme Court in Merck Sharp & Dohme Corp v Clonmel Healthcare Ltd 2019 IESC 65. The case concerned the launch of a generic version of an ezetimibe/simvastatin combination drug... Continue reading
In: The IPKat BLOG

Copyright infringement in the ”iron pipes film” case

http://ipkitten.blogspot.com/2019/08/copyright-infringement-in-iron-pipes.html The latest copyright decision of the Swedish Patent and Market Court of Appeal, given on 15 July 2019 (PMT 14029-16), concerns the use of a film (recorded through a mobile phone) as well as the use of photos extracted from the film sequence by a TV channel. The issue... Continue reading
In: The IPKat BLOG

Never too late: if you missed The IPKat last week

http://ipkitten.blogspot.com/2019/08/never-too-late-if-you-missed-ipkat-last_13.html In The IPKat team: arrivals, farewells, and news, PermaKat Merpel introduces the new Kats and says goodbye to those Kats who will not continue with the blog. In spite of these changes, for Kat readers, it is always “never too late” to catch up on the latest IPKat posts.... Continue reading
In: The IPKat BLOG

SportFuel is running on empty after losing appeal: US 7th Circuit Court affirms that Gatorade’s slogan, “Gatorade The Sports Fuel Company” is fair use.

http://ipkitten.blogspot.com/2019/08/sportfuel-is-running-on-empty-after.html The Lanham Act offers trade mark protection to descriptive marks that have acquired distinctiveness. But what happens when a competitor begins to use the terms of the mark descriptively in a slogan? SportFuel learned that the potential outcome is a successful fair use defense, raised by Gatorade. Let’s explore... Continue reading
In: The IPKat BLOG

Remembering Shamnad Basheer

http://ipkitten.blogspot.com/2019/08/remembering-shamnad-basheer.html Shamnad Basheer was one of the handful of people in the IP world who was larger than life. Kat readers who wish to take in the entirety of Shamnad’s accomplishments are invited to read the attached. Permit this Kat to mention the highlights. Shamnad came from the Indian state... Continue reading
In: The IPKat BLOG

WIPO launched its first program on IP for indigenous women

http://ipkitten.blogspot.com/2019/08/wipo-launched-its-first-program-on-ip.html In the light of the International Day of the World’s Indigenous Peoples (today), the World Intellectual Property Organization (WIPO) launched its first project-based training and mentoring program on Intellectual Property for women entrepreneurs from indigenous peoples and local communities. WIPO highlighted that projects based on traditional knowledge (TK) and... Continue reading
In: The IPKat BLOG

Latin America–a whole lot of trademark activity is going on

http://ipkitten.blogspot.com/2019/08/latin-america-whole-lot-of-trademark.html Kat friend Fredy Sánchez Merino offers his most recent summary of IP activity in Latin America. Brazil-The Designation of Origin (DO) for Tequila continues to secure official recognition in various countries in the region. This time, it is the Brazilian National Institute of Industrial Property (INPI) that has granted... Continue reading
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Are FRAND-disputes too complex for PI proceedings?

http://ipkitten.blogspot.com/2019/08/are-frand-disputes-too-complex-for-pi.html The answer might be “yes”, according to a recent decision by the District Court of the Hague [here]. As far as this Kat is aware, the decision is the first in Europe to address the issue of preliminary relief in FRAND-cases and is therefore worth a closer look. The... Continue reading
In: The IPKat BLOG

IP Tribunal of SPC opens first circuit trial in July 2019

http://ipkitten.blogspot.com/2019/08/ip-tribunal-of-spc-opens-first-circuit.html As this Kat reported in At last, the sun rises: China will establish the National IP Appeals Court in 2019 and 50 days: Chinese SPC IP Tribunal closes its first case, since 1 January 2019, China has had an IP Tribunal within the Supreme People’s Court (‘the SPC’), serving... Continue reading
In: The IPKat BLOG

Around the IP blogs

http://ipkitten.blogspot.com/2019/08/around-ip-blogs.html Do you have vacation plans this summer? August is certainly a good month to do that. However, as IP fans, you certainly do not want to miss the latest news and posts on IP. This edition of Around the IP blogs pays special attention to the new copyright directive... Continue reading