In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/never-too-late-if-you-missed-ipkat-last_11.html Here’s what you missed from the IPKat last week. Patents Henry Yang released the second part of his analysis on the Interdigital v Lenovo FRAND judgement. The analysis focused especially on the Judge’s observation that InterDigital’s practice of heavy discounting for the past was due to two factors: the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/do-names-convey-clear-and-specific.html Names are a classic type of trade marks. But do they convey a concept that allows a conceptual comparison and can they counteract visual and phonetic similarities between trade marks? These are open issues in EU case law. The General Court dealt with both questions in its decisions in... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/the-ipkat-team-arrivals-farewells-and.html Every now and then, The IPKat team welcomes new contributors, says thanks and goodbye to existing contributors, and shares some news concerning the Kats. Let’s find out more! InternKats The IPKat is delighted to welcome the following as new InternKats for the next six months. Jocelyn Bosse – Jocelyn... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/book-review-copyright-in-street-oral.html This is a review of “Copyright in the street. An Oral History of Creative Processes in Street Art and Graffiti Subcultures”, authored by Enrico Bonadio (City University of London). As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/what-role-for-freedom-of-expression.html Under EU trade mark law, there is no express freedom of expression-based defence. But can third-party freedom of expression be safeguarded through the way in which the infringement test, notably the test for trade marks with a reputation and the notion of “due cause” (Article 9(2)(c) EUTMR; Article 10(6)... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/unpacking-idc-v-lenovo-part-ii-general.html This is the second part of this Kat’s analysis on Interdigital v Lenovo FRAND judgment [2023] EWHC 539 (Pat). FRAND – General Principles The Judge underlined the importance of the following points of principle in his consideration ([446]): i) Generally, in the unpacking of any allegedly comparable PLA, whether account... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/conference-report-more-than-just-game.html In April, this Kat, taking advantage of her status QMUL Alumna, had the opportunity to attend the flagship event of the More Than Just a Game (MTJG) conference series. The conference series was created by Dr Gaetano Dimita and the Centre for Commercial Law Studies, Queen Mary University of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/guest-post-lidl-on-price-big-on.html The IPKat is pleased to host the following guest post by Katfriend Alessandro Cerri (Warner Bros Discovery) regarding the most recent instalment in the Lidl v Tesco IP dispute. Here’s what Alessandro writes: Lidl on price, big on copyright by Alessandro Cerri In a judgment issued a few days... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/british-hairways-did-not-take-off-as.html The puns of hair salons are legendhairy. Names like Shear Lock Combs, Julius Scissor and Hairport are just the tip of the iceberg. But what happens when the pun consists of a well-known trade mark? Can the owner of the well-known mark successfully oppose an application for a parodic... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/07/never-too-late-if-you-missed-ipkat-last.html While July has just started, here is what you missed during the last week of June. Patents Image by Pixabay via Pexels Benjamin Goh reported on the first ever patent challenge before the Unified Patent Court. The post considered the first patent revocation action, filed on the 2nd of... Continue reading
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