Ipkat's October Patent Of The Month: I Honey Lucy

Thinking of commissioning a novel domicile or business office but afraid that all those tasteful modern drinking glass buildings are a chip “samey”? Are y'all looking for a family or HQ that volition ensure that y'all stand upwardly out from the herd? Then the IPKat’s October Patent of the Month is simply what you’ve been looking for. Granted to James V Lafferty inwards 1882, the claim is for:

“A edifice having the degree of an animal, the torso of which is constructed alongside floors divided into apartments, provided alongside windows together with stair, together with supported on hollow legs, 1 or all of which comprise stairs, together with supported on hollow legs, which afford access to the body…”

It seems that novelty requirements were less strict a century agone equally Lafferty had already had a edifice inwards the sort of an elephant built the previous yr inwards South Atlantic City. This building, affectionately known equally Lucy, withal stands today inwards what is straightaway known equally Margate NJ. However, Lucy’s sis pachyderms, the Light of Asia together with Elephantine Colossus, did non survive. As good equally beingness a edifice of “unique appearance”, equally the patent specification points out, at that topographic point is a functional aspect to Lucy. The pinnacle provided yesteryear the legs allows air to circulate beneath the body, resulting inwards “a edifice which is good ventilated together with lighted”.

is rather swell on this see together with feels that the City of London would definitely create goodness from a edifice inwards the degree of an IPKat.

Visit Lucy here
Visit Margate here
Fun y'all tin sack accept alongside an elephant here and here

Adidas Judgment In Conclusion Online

The European Court of Justice conclusion inwards Case C-408/01 Adidas-Salomon AG in addition to Adidas Benelux BV five Fitnessworld Trading Ltd, blogged yesterday past times the IPKat, is straightaway available online. Says the IPKat, "About fourth dimension too!".

Congratulations, Ruth

It's a red-letter twenty-four lx minutes menstruum for Ruth Soetendorp, who delivers her initiative lecture, "Food for Engineers", at Bournemouth University today. Ruth, who holds degrees from Southampton together with a Diploma inwards IP from Queen Mary together with Westfield College, is a pioneer inwards the plain of intellectual belongings didactics techniques. She is currently Head of Knowledge Transfer together with Professor of Intellectual Property Education inwards the School of Finance together with Law. Ruth, the IPKat congratulates yous on your achievements.

Ipkat Challenge: Location The Merchandise Mark

constitute this rather charming font to download via a link from boingboing. It is composed solely of letters together with symbols from well-known merchandise marks together with merchandise names. The site proudly proclaims: “Corporate pirates, this is the tool for you!”

offers the park prize to the somebody who is close successful inwards position the merchandise marks to which the letters together with symbols belong earlier adjacent Monday. Send your answers to theipkat@yahoo.co.uk

View the font here

Corporate pirates ahoy here
More fun fonts here
Corporate fonts here

Un's Global Comport Upon Elevate Together With Logo Instruct The Paris Treatment

The here, here and here

Last Orders For Cardhu?

The BBC reports on a tempest brewing inward the Highlands. Diageo, the distillers of Cardu whisky bring started using the Cardhu advert as well as label on a mixture of vatted malts sourced from diverse distilleries. Previously the advert had simply been used on a unmarried malt produced solely past times the Cardhu distillery inward Knockando. Whisky-lovers as well as competitor distillers are unhappy, claiming that the continued role of the advert is misleading as well as damages the reputation of unmarried malt whiskies. Diageo explains that it is necessary to role the advert on blends because stocks of Cardhu are running low, thank you lot to the popularity of the production inward countries such every bit Spain, Italy, Hellenic Republic as well as France. It claims that whatsoever confusion volition endure averted because it has been transparent close making the alter as well as volition sell the blends every bit “pure malt” rather than “single malt”.

has been known to bask a wee dram but he cautions that merchandise marks are liable for revocation nether s.46(1)(d) of the Trade Marks Act 1994 if they are used inward a mode that is liable to deceive the public. This provision is expressed inward wide damage as well as does non explicate what classify of role is regarded every bit beingness deceptive.

Drinkers of CARDHU whisky bring been taught to hold back a whisky that comes from a unmarried distillery,by the role of the accompanying term "single malt". It may thence endure argued that, past times using the CARDHU rank on a whisky unlike to that which earth has been taught to expect, the role of the same rank inward relation to a blended whisky volition mislead the public. This declaration depends on the supposition that deception is established through the context of the role to which a rank is set rather than through the nature of the rank itself. If this declaration holds true, as well as so merchandise rank owners mightiness uncovering it hard to alter whatsoever production which is known to bring certainly specific qualities or to come upwards from a unmarried source.

Whether Diageo’s role is deceptive volition depend on whether earth previously perceived the whisky every bit coming from a unmarried distillery as well as whether they yet perceive it every bit coming from that distillery or if the role of the term “pure malt” has dispelled this perception.

Learn close whisky here
How to view Cardhu distillery hither
Music to potable Cardhu to here (track 15) as well as here (track 3)
Seeing whisky inward your sleep? Click here

Stripe Piece The Iron's Hot - Adidas 5 Fitnessworld (At Last)

Up until belatedly on Mon evening, the IPKat was a frustrated feline. He merely couldn’t demeanor the tension. Last Th morn he leapt out of his basket, filled alongside expectation. It was the twenty-four lx minutes menstruum he’d been waiting for – the twenty-four lx minutes menstruum the ECJ issued its Adidas v Fitnessworld decision. Imagine his disappointment when he visited the website as well as found a press unloose but no judgment. Despite his numerous visits to the ECJ website, the instance refused to appear. His mood was non improved when he found the instance was non posted on Fri either. When it came to the destination of the working twenty-four lx minutes menstruum on Mon as well as it all the same wasn’t at that topographic point he was trigger-happy his fur out. Luckily though, friend of the IPKat Tibor Gold managed to obtain a re-create as well as position the IPKat out of his misery. Here’s what he found.

Adidas is the proprietor for diverse items of vesture of a figurative score made upwardly of iii vertical stripes of equal width running parallel which seem on the side as well as downward the whole length of vesture inwards a colouring that contrasts alongside the basic colouring of the clothing. Fitnessworld marketed fitness vesture bearing 2 parallel stripes of equal width which contrasted alongside the original colouring of the clothing. Adidas claimed that this constituted infringement because the populace powerfulness associate Fitnessworld’s vesture alongside Adidas’, allowing Fitnessworld to accept payoff of Adidas’ repute as well as harm the exclusivity of Adidas’ repute. The Hoge Raad der Nederlanden referred diverse questions to the ECJ including (i) whether Member U.S. of A. were entitled to render Article 5(2) (the ‘dilution’ provision of the Trade Mark Directive) protection against exercise on similar as well as identical goods; (ii) whether likelihood of confusion was the touchstone to hold upwardly applied nether Article 5(2) or whether at that topographic point were another relevant criteria as well as (iii) how a sign viewed yesteryear the populace purely every bit an embellishment should hold upwardly treated nether Article 5(2).

According to the ECJ, the query of whether the Member states were entitled to render Article 5(2) protection for similar or identical goods had already been affirmatively answered yesteryear the Court inwards Davidoff (Case C-292/00) [2003] ECR I-389. Therefore the ECJ idea it would hold upwardly to a greater extent than helpful if it answered the query of whether Member U.S. of A. had to render Article 5(2) protection if they opted to include that article inwards their national merchandise score law. Once again, the reply was yes. The overall system of Directive 89/104 is such that marks alongside a reputation used on identical or dissimilar goods should non lead maintain less protection that marks alongside a reputation used on dissimilar goods. Under European Union law, national courts are required to translate national legislation that transposes directives every bit far every bit possible inwards accordance alongside the wording as well as role of the directive. In this case, that way that national courts must translate legislation designed to implement Article 5(2) every bit requiring the protection to hold upwardly granted against exercise on similar as well as identical goods every bit good every bit exercise on dissimilar goods.

Under Article 5(2), similarity betwixt the score as well as the sign requires the beingness inwards exceptional of elements of visual, aural as well as conceptual similarity. The injury nether that article is the lawsuit of the populace establishing a link betwixt the sign as well as the score as well as is non conditional on the populace confusing them. This link must hold upwardly appreciated globally, taking into trouble organisation human relationship all the factors relevant to the circumstance of the case.

The fact that a sign is viewed every bit an embellishment yesteryear the relevant department of the populace does non hateful of itself that the sign is ineligible for protection nether Article 5(2), every bit long every bit the bird of similarity is such that the populace brand a link betwixt the score as well as the sign. However, where a national courtroom finds that a score is viewed yesteryear the populace purely every bit an embellishment, it does non found whatsoever link betwixt the score as well as the sign as well as thus is non considered to hold upwardly infringement nether Article 5(2).

feels that this instance raises to a greater extent than questions than it answers. Although the ECJ has given clear guidance on the application of Article 5(2) to similar as well as identical goods, the concept of a link betwixt a sign as well as a score is novel as well as is undefined. It likewise seems to pay picayune attending to the types of injury detailed inwards Article 5(2) (detriment as well as unfair advantage). Concepts that are familiar from confusion instance police line characteristic heavily, notably the similarity of signs testify as well as the concept of a global appreciation but should they hold upwardly applied inwards the same manner inwards Article 5(2) cases. Finally, different the Advocate General, the ECJ has failed to comment on the full general query of whether merchandise score exercise is necessary for merchandise score infringement, limiting its comments to embellishment cases.

Explore the the world of fitness here, here and here
Things worth waiting for here, here as well as here
All y'all demand to know almost impatience here
Curb your impatience here

Does Your Warhol Copy Life, Or Is It But Faking?

The Sunday Telegraph has reported that to a greater extent than than xx fine art dealers together with collectors are preparing to sue the Andy Warhol Authentication Board, which oversees Warhol's $700 i G 1000 (£413 million) legacy. They allege the Board is deliberately refusing to verify allegedly novel genuine plant yesteryear the creative someone because it wants to ensure that the toll of existing plant remains high. Many of those whose claims direct maintain been turned downwards yesteryear the board claim that they were given the plant yesteryear Warhol piece he was soundless alive. The motility against the board is led yesteryear Joe Simon, the producer of the celluloid “Richard the Third”. Simon, who lives inward London, has had a set out of plant turned down, including a Warhol silkscreen self-portrait that he bought fourteen years agone for $195,000. That work, he said, had been previously sold yesteryear Christie's. It was verified both yesteryear Warhol's manager, Paul Morrissey, together with yesteryear Fred Hughes, Warhol's executor together with the piece of cake chairman of the Andy Warhol Foundation. But when Simon presented it to the Board 3 years ago, however, amongst the intention of selling it for £2 i G 1000 to a buyer who wanted proof it was genuine, he was told that it was "not the operate of Andy Warhol". "I felt really angry”, Simon said, “largely because they had encouraged me to submit it so the epitome mightiness travel included inward the catalogue that the Board are involved inward editing", he said. "To my speak disbelief, my twice previously officially authenticated epitome was returned to me denied, without whatsoever explanation. To this appointment they soundless reject to plow over whatsoever reason".

The Board soundless faces a serious problem. Warhol, having come upwards up amongst the concept for a work, oftentimes delegated the manual labour to other people, thereby making it hard to ascertain who "made" the piece. John Paul Russell, his printer during the 1980s, said: "I had never seen Andy Warhol fifty-fifty i time come upwards downwards to the studio inward Tribeca to sentinel his operate beingness printed". Many of his instructions to the printers were yesteryear telephone. Ron Spencer, the Board’s lawyer, said that its role was to ascertain the "intent" of the artist. He told this month's Vanity Fair magazine that fifty-fifty if a operate were printed yesteryear a set out of other people the Board would soundless kind it equally genuine: "If Warhol conceived the catch together with he together with then directed someone else to create a silkscreen, supervised the procedure of production and, inward effect, signed off on it, equally long equally he said, 'That's good, that's what I wanted', Warhol created that work". Many dealers claim, however, that this Definition does non concord inward practise together with that approximately covert prints inward a serial are accepted equally genuine yesteryear the board piece identical plant are refused.

notes that U.K. copyright police delineate is clear. Merely conceiving an catch which is executed yesteryear others does non constitute an deed of authorship inward relation to the operate which those others direct maintain created. This is non the case, though, inward the odd province of affairs inward which the someone who executes the operate is a mere amanuensis, who exercises no independent judgment whatever inward how the operate is to appear. Some of Warhol’s plant may hence travel authenticated yesteryear the Board equally genuine Warhols simply nonetheless travel regarded equally his plant for U.K. copyright purposes.

Andy Warhol, “silver screen: can’t order them apart at all” here
Resale royalty rights: what happens if y'all resell your existent Warhols inward the European Union, California and Australia
How to order if a operate is a mistaken here, here and here

It’S The Flush Of Your Life -- Precisely You Lot Can’T Bring It Back

’s previous weblog was the start out fourth dimension nosotros featured the British prison theatre authorities, whom the House of Lords held non liable for an alleged invasion of prison theatre visitors’ privacy. Well, would you lot believe it, they’re dorsum on the weblog again, this fourth dimension having been accused by British series killer Dennis Nilsen of refusing to provide him the unfinished manuscript of his autobiography. Nilsen, at 1 time 57, sent the manuscript to his erstwhile lawyers inwards 1996 but, when his electrical current lawyers tried returning it to him final year, the prison theatre regime stepped inwards as well as told him he couldn’t convey it on the Earth that prisoners shouldn’t convey “a world platform to glory inwards their crimes”.

Nilsen, who admitted killing as well as dismembering xv immature men, mainly homeless homosexuals, was jailed for life inwards 1983. He was told he would never live on released, dissimilar his autobiography which may good live on coming out sooner than the prison theatre regime think. This is because, according to Alison Foster QC who represented him inwards court, several copies of the manuscript are inwards the hands of Nilsen’s friends as well as 1 re-create is believed to live on inwards the hands of an unspecified sun newspaper.

notes that the rules that are supposed to forbid prisoners cashing inwards on their crimes past times selling their stories or publishing their memoirs produce non genuinely touching the ownership of copyright inwards their writings. When Nilsen dies, the copyright inwards his manuscript volition transcend to his executors along alongside the residue of his estate. It is non clear whether the Home Office tin sack influence the extent, if any, to which the posthumous publication of a literary locomote based on a prisoner’s crimes may live on restricted or prevented to the extent that it volition produce goodness his estate.

Dennis Nilsen’s crimes here, here and here
Law on prisoners’ earnings inwards the U.K. here
Profit from writing nigh one’s crimes: the pose inwards Oregon

Invasion Of Privacy? Don't Combat It Here, Say The Police Pull Lords

When Patrick O'Neill was remanded inwards prison, his woman bring upwards (Mary Jane Wainwright) as well as his half-brother (Alan Wainwright) wanted to take in him. The prison theatre governor, who suspected that O'Neill was dealing inwards drugs, gave instructions nether the Prison Rules 1964 that anyone visiting him had to consent to a strip search. The Wainwrights reluctantly agreed but later on sued, alleging they had suffered emotional distress as well as (in Alan's case) post-traumatic stress disorder. The trial guess held that the search, non existence conducted inwards accordance amongst the prison's ain rules, was an invasion of privacy. Since the search exceeded what was necessary as well as proportionate to bargain amongst drug smuggling, at that topographic point was no defence forcefulness based on statutory authority. The guess gave damages to Alan for battery as well as to both Mary Jane as well as Alan on the dry reason that (i) it was a course of education of trespass to the somebody to inquire them to accept off their wearing clothing as well as (ii) they were entitled to relief against whatever sort of distress caused past times an infringement of the correct to privacy protected past times Article 8of the European Convention on Human Rights (ECHR), although at the fourth dimension of the incident the Human Rights Act 1998 -- which implemented the ECHR inwards the Great Britain -- had non come upwards into force. The Court of Appeal did non concord that trespass to the somebody covered the illustration of someone who was induced to accept their wearing clothing off as well as which, inwards the illustration of Mary Jane, did non endure whatever recognised psychiatric injury. It develop aside the judgments inwards favour of Mary Jane as well as Alan, amongst the exception of the damages for the admitted battery to Alan.

The House of Lords dismissed the Wainwrights' appeal. First, they said, at that topographic point was no full general drive of activity inwards English linguistic communication mutual police pull for invasion of privacy. Douglas v Hello! Ltd (2001) QB 967, which was cited inwards back upwards of the suggestion that a privacy tort existed, was precisely a illustration of regular breach of confidence. Secondly, compliance amongst Article eight of the ECHR did non need the adoption of a tort of invasion of privacy: if a person's rights nether Article eight were infringed, the Human Rights Act 1998 provided a statutory remedy. Further, Article eight mightiness justify a monetary remedy for an intentional invasion of privacy past times a populace authority, fifty-fifty if no harm was suffered other than distress for which damages were non commonly recoverable -- but this did non hateful that a simply negligent human activity should, reverse to full general principle, give rising to a claim for damages for distress simply because it affected privacy rather than another interest.

considers that the notion of "invasion of privacy" is a fuzzy one. "Privacy" every bit a concept does non clearly distinguish betwixt the invasion of a person's physical privacy past times strip-searching as well as the communication to others of private information. Yet 1 is a affair of individual's personal integrity, the other a affair of restricting the circulation of data which may hold upwards personally sensitive or commercially valuable. Should the police pull process strip-searching as well as the publication of the details of one's depository fiscal establishment statement, for example, every bit activities which are dealt amongst inwards the same trend past times the same legal action?

Different aspects of privacy here, here and here
Privacy fetishes here and here
Smuggling into as well as out of prisons? Click here, here and here

South African Competiton Ascendancy Calls For Patent Licensing For Hiv Drugs

The BBC reports that the South African Competition Commission has advised that GSK hold upwards fined 10% of its annual AIDs drug revenue inward the province every bit a penalisation for failing to brand the drugs available to the poor. Additionally, it has recommended that GSK together with Boehringer hold upwards made to grant compulsory licences inward supply for royalty payments to generic drug-makers, the aim beingness to promote contest betwixt the patent holders together with generics companies. The ruling was made on iii grounds:

1.Denial of access to an essential facility
2.Excessive pricing
3.Exclusionary activities

The illustration volition directly hold upwards passed on to the Competition Tribunal which has the ability to enforce it.

notes amongst involvement that this has been treated every bit a contest constabulary work rather than a patent constabulary problem, though he observes that the illustration was referred to the Commission inward 2002, earlier the measures to guarantee access to drugs introduced this twelvemonth inward Cancun. Traditionally at that topographic point has been somewhat of an antagonism betwixt the 2 areas of law. However, the ultimate aim of contest constabulary is to exercise goodness consumers past times providing a competitive marketplace spell patent constabulary likewise protects Earth involvement past times providing for compulsory licences of patents. Nevertheless, whichever plain of constabulary the number of access to drugs for the less well-off is tackled under, the lawsuit way the divergence betwixt life or expiry for millions of people.

Competition Commission press free here
Information on the AIDs work inward South Africa here and here
Information on AIDs drugs together with IP here

Uk Official Guidance On Colouring Cloth Marks

The UK Trade Marks Registry has announced that it is going to apply the Libertel criteria for the graphic representation of color merchandise marks to applications to register color every bit applied to defined surface areas. This practise amendment comes fifty-fifty though the comments inward Libertel were express to applications to register colours inward the abstract. As of yesterday, marks consisting of color alone

♦may non only hold out provided every bit color samples on paper;
♦may hold out presented every bit a written description of the color together amongst the relevant code from an internationally recognised color identification system;
♦may hold out presented past times other way that run across the Sieckmann criteria of beingness clear, precise, self-contained, easily accessible, intelligible, durable in addition to objective.

Colours tin laissez passer on the sack hold out submitted past times e-filing or past times fax, although inward the latter illustration a description inward words volition hold out necessary in addition to it is security to every bit good lift to an internationally recognised color code.

welcomes this advisory detect but wonders why the Registry has confined its guidance only to colours every bit applied to a defined surface area. If an application to register a color which lacks such a defined surface area is refused on the footing that it falls exterior the range of this notice, applicants should think that Trade Marks Registry advisory notices are non the same every bit statute law: they are in that place to ensure consistent handling of applications past times unlike examiners in addition to to allow applicants know how to procedure their applications, non to define the absolute grounds upon which an application is refused.

Learn almost colours here and select your Pantone shades here
Songs almost colours here, here and here
Sing a rainbow here

Ipkat Riddle: A Glutinous Problem

In OHIM v Wrigley, the European Court of Justice (ECJ) remitted Wrigley's application to register the give-and-take rank DOUBLEMINT every bit a merchandise rank for chewing paste too other goods to the Court of First Instance (CFI), later on ruling at paragraph 35 that the CFI had failed to reckon whether the give-and-take "doublemint" was "capable of beingness used past times other economical operators to designate a feature of their goods too services". The phrase "other economical operators" attracted the IPKat's attending since the ECJ has non told us which economical operators it means. Presumably it includes other chewing paste manufacturers, but who else is included inward this august category -- too how create nosotros know which economical operators to consider? Should nosotros but hold off at undertakings that bargain inward identical goods? Similar goods? Complementary goods? All goods?

The commons prize volition move sent to the showtime reader who tin plow over us a practiced answer to this lilliputian puzzle.

What to create i time you've chewed your paste here
More than y'all wanted always to know virtually chewing paste here, here, here too here
Another chewing paste merchandise rank disputation here

Keeling Registers A Federal Reserve Annotation Of Caution On Odd Merchandise Marks Inwards Europe

OHIM Board of Appeal fellow member David Keeling delivered an entertaining in addition to highly sensible verbalise on unconventional merchandise marks to the Competition Law Association inward London final calendar week (writes Jordgubbar, an IPKat mole). Keeling contrasted diverse successful in addition to unsuccessful attempts to register ‘non-traditional’ or ‘unconventional’ signs such every bit 3-D marks, colouring cloth marks, olfactory marks, gustatory marks, sounds marks, slogans, activeness marks, holograms in addition to pose marks. The message was: “look for an underlying consistent develop of legal reasoning in addition to you’ll live on disappointed”. By juxtaposing “accepted” in addition to “refused” signs for which Community merchandise range (CTM) registration had been sought, Keeling left the clear impression that at that spot was no certainty inward this expanse in addition to that potential CTM applicants mightiness too live on advised to “have a go”.

Keeling warned that 2 big hurdles facing applicants for unconventional marks are (i) graphical representation of the sign in addition to (ii) distinctiveness (Article 2 of the Trade Mark Directive in addition to Article 4 of the Community Trade Mark Regulations). And don’t forget world policy considerations -- granting government don’t ordinarily similar to grant a potential monopoly correct over a sign where a patent or pattern application may live on to a greater extent than relevant, specially given the potential life of a merchandise mark.

In conclusion Keeling stated that, amongst the exception of applications to register odor or gustation marks, which seem doomed to fail, the jurisprudence of the European Court in addition to Court of First Instance advise that registration may live on available for many types of unconventional marks. The close mutual reasons for the to a greater extent than unconventional marks failing to run across the criteria for registration were lack of distinctiveness in addition to difficulties inward graphically representing signs. Even if a sign did overcome these obstacles in addition to was registered, their orbit of protection would ordinarily live on real narrow.

welcomes David Keeling’s candour inward addressing the consistency of OHIM decisions in addition to the likelihood of an applicant succeeding inward obtaining registration. The conceptual problems raised past times these merchandise range oddities are non inconsiderable and, although such marks are infrequently applied for in addition to often rarely used inward commerce, the difficulties they drive reverberate key issues inward merchandise range law, issues such every bit (i) what a merchandise range genuinely is, (ii) how produce yous know what the applicant has registered in addition to (iii) how tin mail away yous create upward one's heed the orbit of protection which registration confers.

Leading European cases on the registration of shapes: Procter & Gamble v OHIM (soap shape, xvi Feb 2000); Philips v Remington ECJ judgment of eighteen June 2002 (shape of nipper heads); Linde, Winward in addition to Rado (ECJ judgment of eight Apr 2003: 3-D fork-lift truck); Procter & Gamble v OHIM (CFI (19 September 2001 (shape of a washing tablet) in addition to Unilever v OHIM (5 March 2003: roughly other shape of a washing tablet); DaimlerChrysler v OHIM (6 March 2003: shape of a car radiator grill).
Cases on the registration of colour marks: Libertel (ECJ Judgment of half dozen May 2003), KWS Saat v OHIM (9 Oct 2002)
Smell in addition to gustation marks: Sieckmann (ECJ, 12 Dec 2002), Eli Lilly & Co.’s Application (OHIM Board of Appeal, iv August 2003, gustation of artificial strawberries for pharmaceutical products)
Sound marks: Shieldmark v Kist (3 Apr 2003, Advocate General’s Opinion, ECJ).

Doublemint - A Representative To Chew Over

It's a bumper IP solar daytime for the ECJ. The courtroom has ruled on the registrability of DOUBLEMINT inwards OHIM v Wrigley. The CFI had previously said that DOUBLEMINT was registrable for chewing paste because it was non exclusively descriptive of the applicant's goods since it had at to the lowest degree 2 possible meanings: this production contains 2 types of mint or this production contains twice the green amount of mint. However, the ECJ has said that the CFI applied the incorrect exam to determining whether the rank is descriptive nether Article 7(1)(c) of Regulation 40/94. Instead of looking at whether the rank is exclusively descriptive, the courtroom should convey looked at:

"whether the discussion at number was capable of existence used yesteryear other economical operators to designate a feature of their goods too services".

The focus of Article 7(1)(c) should locomote on whether, inwards the populace interest, the rank should rest freely available for other traders to use. To this end, "A sign must hence locomote refused registration nether that provision if at to the lowest degree i of its possible meanings designates a feature of the goods or services concerned" (emphaisis added yesteryear the IPKat).

Therefore, the illustration was referred dorsum to the CFI too so that it tin move apply these principles.

notes that this judgment focuses on the deport on that the registration of a rank volition convey inwards the futurity on other traders, should they produce upwards one's heed at about phase that they desire to locomote it too on how the rank could locomote used, rather than concentrating on the trend that the applicant is using the rank now. However, the DOUBLEMINT rank is well-nigh sure enough safe, whatsoever the effect of this illustration before the CFI, since Wrigley has acquired distinctive grapheme inwards the rank through use. (Acquired distinctiveness was non at number inwards this case, exactly inherent distinctiveness was). likewise points out that the ECJ did non conduct address the deport on that this illustration has on its before BABY-DRY decision.

Ecj Decides Adidas Five Fitnessworld Dilution Case

The ECJ's judgment inwards Adidas-Salomon v Fitnessworld is out today. The amount judgment isn't available on the ECJ's website soundless merely a press unloose is, saying:

"The Court has found that it is non necessary for at that spot to be a likelihood of confusion betwixt the sign in addition to the order amongst a reputation inwards social club to claim infringement of that mark. It is sufficient if the relevant department of the populace establishes a link betwixt the sign in addition to the order fifty-fifty though it does non confuse them.

However, the Court has specified that where, according to a finding of fact yesteryear the national court, the relevant department of the populace views the sign purely equally an embellishment, it does non necessarily flora whatever link amongst the order amongst a reputation. It follows that the proprietor of the order amongst a reputation cannot foreclose the purpose of that embellishment yesteryear a 3rd party."

Sadly the press-release doesn't plough over whatever article numbers in addition to then it's difficult to know if the ECJ is talking nearly Article 5(1)(b) or Article 5(2). Watch this infinite - to a greater extent than from the IPKat equally in addition to when it becomes available.

Cfi Illustration Proves Galling Sense For Asterix

Hot off the press, a merchandise grade illustration from the CFI involving everyone’s favourite cartoon Frenchman. Trucco sistemi di telecomunicazione SpA applied to register a figurative mark, consisting of the give-and-take STARIX as well as a cerise oval equally a Community merchandise grade for certainly types of equipment inward Class ix as well as for telecommunication inward Class 38. Éditions Albert René opposed the application, based on its ASTERIX mark, especially on its registrations inward Class ix for certainly types of equipment as well as Class 41 for certainly celluloid as well as intellectual property-related exploitation services, equally good equally entertainment parks as well as production of orchestral as well as spoken-word performances. The application was turned downwardly inward business office inward a class laid upwardly of proceedings but inward this laid upwardly of proceedings, the Opposition Division as well as later on the Board of Appeal rejected Éditions Albert René’s opposition based on Article 8(1)(b) of Regulation 40/94 (similar marks, similar/same goods as well as confusion) because the marks were non sufficiently similar. Éditions Albert René applied to the CFI, arguing that the Board should receive got found confusion both because the marks were similar as well as because of the notoriety that the ASTERIX grade had acquired inward relation to the French cartoon graphic symbol should receive got been taken into trouble organization human relationship yesteryear the Board fifty-fifty though Éditions Albert René had non proved it since Trucco had non disputed it. Éditions Albert René also argued that the application should live on blocked nether Article 8(5) (unfair advantage/detriment to an before mark’s distinctive graphic symbol or repute).

The CFI dismissed the appeal. Regarding Article 8(1)(b), primarily because the ii marks were non similar. They were visually dissimilar because the graphical representation of an oval as well as the italic typography used inward Trucco’s sign meant that the overall impression given yesteryear both signs was different. The marks were phonetically dissimilar. Trucco’s grade began amongst a consonant as well as consisted of half dozen letters, whereas Éditions Albert René’s grade began amongst a vowel as well as contained 1 to a greater extent than vowel that Trucco’s mark. The ii exclusively had 1 syllable inward mutual – the finally “rix” syllable. They were also conceptually dissimilar. Neither grade had a mutual pregnant inward whatever European Union language. Though ASTERIX was around the give-and-take asterisk this would exclusively live on perceived yesteryear those who conducted a detailed analysis of the grade as well as the evidence for similarity of signs laid upwardly out yesteryear the ECJ assumes that consumers would course of written report an overall impression of the marks only. Finally, the fact that the average consumer would associate ASTERIX amongst the cartoon graphic symbol also made confusion unlikely.

Since the marks were dissimilar, the fact that Éditions Albert René’s grade was really distinctive per se as well as was widely known had no bearing on the application of Article 8(1)(b) to the case. There was also no demand to visit Éditions Albert René’s arguments on whether certainly of the goods inward query were similar since at that spot could live on no Article 8(1)(b) illustration without the signs existence similar.

Éditions Albert René’s plea that Trucco’s sign would dilute its grade opposite to Article 8(5) was inadmissible since Éditions Albert René had non asked OHIM to apply that provision at whatever time. Article 74 of Regulation 40/94 limits OHIM to examining facts, evidence as well as arguments provided yesteryear the parties as well as land the CFI has the ability to annul or modify contested Board of Appeal decisions, this is exclusively the illustration where at that spot is a lack of competence of the business office of OHIM, an infringement of an essential procedural requirement has taken place, at that spot has been an infringement of the Treaty, Regulation 40/94 or European Union constabulary or where at that spot has been an abuse of power. This limits the compass of review opened upwardly to the CFI to issues of constabulary raised before the Board of Appeal.

wonders how the opponent would receive got got on amongst the Article 8(5) claim if it had been ruled admissible yesteryear the CFI. That article requires that the ii marks inward query live on similar equally a starting quest all the same inward this case, the marks were found to live on dissimilar inward the Article 8(1)(b) analysis. This raises the query of whether similarity of marks for the purposes of Article 8(5) agency the same equally similarity of marks for Article 8(1)(b). While the same linguistic communication is used inward both articles, the ground for requiring similarity is different inward each case. In Article 8(1)(b) similarity must live on shown amongst a thought to establishing confusion but this is non the illustration inward Article 8(5) where the aim is to exhibit unfair wages or detriment. would live on really grateful for whatever insight anyone has on this quest as well as advises his readers to lookout adult man out for the imminent Adidas v Fitnessworld illustration on this point.

Click here, here as well as here for a gauling sense

Creams For Dreams, Promises State-Funded Witch

Ananova reports that Lena Skarning, a Norwegian witch, has won a 53,000 kroner (£5,000) occupation organization grant from the Norwegian Industrial too Regional Development Fund to brand too sell magic potions too elixirs to residents to a greater extent than or less the woods of Nord-Odal, 93 miles due north of Oslo. Skarning’s specialty products include black creams for brilliant dreams, a twenty-four hr menstruum cream to fighting indecisiveness too a pes cream to modify a user's bad habits. Skarning said that she has ever been a witch, precisely needed seed coin for her occupation organization to hit got root. She attended a seminar on entrepreneurship too thus applied for the grant.

A spokesman for the Norwegian Industrial too Regional Development Fund said that coin was awarded for applications that were "exceptional, rattling innovative, too rattling importantly, offered a novel service or created a job". He added that the notion of a witch getting a grant may look out of the ordinary, precisely her occupation organization excogitation was "pretty reasonable too good idea out". Last year, the way gave out 3.8 billion kroner (£319 million) for some 8,000 projects to aid prepare too promote pocket-sized business.

assumes that Lena’s potions too elixirs volition non expression upwards the stringent requirements demanded past times the European Medicines Evaluation Agency too its national analogues for the marketplace blessing of proprietary medicinal products. He also assumes that Lena volition move prudently preserving the confidentiality of her products’ formulae, the improve to ward of unhealthy ailments such every bit competition.

Problems amongst nightmares? Click here, here and here
Treatments for indecisiveness here and here
Deal amongst bad habits here, here and here
Practical witchcraft here, here and here

Ecj Finds Belgians Remiss Inwards Incorporation Of World Lending Directive

Last week, the ECJ establish that Kingdom of Belgium had failed to fulfil its obligations nether Articles 1 together with v of Council Directive 92/100/EEC of nineteen Nov 1992 on rental correct together with lending correct together with on certainly rights related to copyright inwards the champaign of intellectual belongings . Article 1 requires Member U.S. to recognise that authors convey the exclusive correct to authorise Earth lending of diverse copyright works. However, Article v allows for a derogation from this exclusive right, but solely if a remuneration is made to the author. The European Union Member U.S. were meant to convey implemented the Directive into their national laws past times 1 July 1994. The exclusive lending correct was recognised nether Belgian police but a derogation was created nether Article 23 of the Belgian Loi relative au droit d'auteur et aux droits voisins for “lending [that] is organised for an educational together with cultural utilisation past times institutions recognised or organised officially for that utilisation past times Earth authorities”. Article 62 of the police envisaged authors beingness remunerated inwards those circumstance together with Article 63 stated that the King would create the relevant total past times decree. However, no such decree was always issued together with and thus no charge per unit of measurement of remuneration was fixed for derogation cases because, according to Belgium, of opposition to the lending correct past times the Belgian federated entities, which are responsible for cultural matters inwards Kingdom of Belgium together with the European Commission brought this action.

Belgium had argued that Articles 1 together with v of the Directive were non precise plenty to travel incorporated into its national police but the ECJ was non impressed, finding that where directive obligations are unclear, states must create upwards one's heed the relevant criteria inwards their ain territory rather than simply completely refusing to implement what is called for past times the directive. Here likewise the Directive authorised Member U.S. to exempt certainly categories of task from paying but did non take away them to create so. In together with thus far every bit it was unclear which undertakings this authorization applied to, the states should convey simply non exempted whatever undertakings rather than completely failing to implement. The fact that, according to the Belgians, no remuneration was paid inwards France, Greece, Grand Duchy of Luxembourg together with in all probability other Member U.S. was irrelevant because a soil cannot justify its failure to perform its obligations nether ECJ police past times pointing to similar failings on the business office of other Member States. The hostility of the federated entities provided no excuse because a Member State rely on provisions, practices or circumstance inwards its internal legal social club to justify failure to comply amongst obligations together with time-limits pose downwards past times a directive.

is broadly inwards favour of this decision. The ECJ’s approach advocates requires states to brand a sensible endeavor to function through whatever interpretational problems inwards directives, rather than simply ignoring the upshot together with using the incertitude to justify a soil of legislative paralysis. likewise welcomes the ECJ’s failure to allow the Belgian Government deflect from its ain shortcoming past times highlighting internal regional problems together with failings on the business office of other states, although he notes that a failure past times to a greater extent than than i Member State to implement legislation may advise that at that spot are drafting or other problems amongst the legislation making it hard to implement.

Do around world lending of your ain here
Find out how to borrow from Belgians here, here and here

Advocate Full General Advises Inward Ims Illustration -- Exactly No English Text Yet

Advocate General Antonio Tizzano has right away delivered his Opinion inwards Case C-418/01, IMS Health GmbH & Co. v NDC Health Gbmh & Co., a reference to the European Court of Justice (ECJ) from the Frankfurt District Court. This representative is a battle betwixt IMS, which claims copyright inwards a 1,860 foursquare grid into which all High German pharmaceutical retailers are divided for the purposes of collating as well as analysing marketing data, as well as NDC, which claims that IMS’ refusal to grant it a licence to usage that grid is an abuse of IMS’ dominant pose inwards the marketplace as well as thus reverse to Article 82 of the here , here or here to honor out how

Football Sponsorship Takes A Kicking

The BBC reports that Umbro, i of v sponsorship “partners” working alongside the FA inward the run-up to the 2006 World Cup has condemned recent alleged rape together with drugs scandals involving players. Although Umbro has confirmed that it volition proceed to sponsor the game, an Umbro spokesman said "It is non proficient intelligence for Umbro every bit a football game brand, if the ikon of football game is tarnished inward whatsoever way". In fact, the fellowship has a policy of alone working personally alongside footballers who accept clean-living reputations. The other 4 sponsorship “partners”, Nationwide edifice society, McDonalds, Carlsberg together with Pepsi accept either said that they are unconcerned or had no comment. However, Umbro is peculiarly disturbed yesteryear the alleged bad behavior because it considers itself "as a football game brand, inherently business office of the game".

says that a construct possessor looking for sponsorship opportunities should ensure that at that topographic point is proficient synergy betwixt his construct together with the activity he is sponsoring. It would last foolish for a construct possessor to teach himself involved alongside an activity that is going to impairment the reputation of his construct yesteryear attaching negative associations to it rather than enhancing it. This would effectively last an lawsuit of self-tarnishment – later all, the construct possessor has consented to his merchandise order beingness used inward relation to the offending goods or services together with and thence it is highly unlikely to last classed every bit actionable merchandise order dilution. However, things are non together with thence uncomplicated for Umbro. Unlike the other sponsorship “partners” who tin cutting their links alongside football game together with direct to sponsor to a greater extent than or less other sporting or cultural event, every bit a producer of footballing article of apparel together with equipment, it (and its reputation) is inextricably linked to the game, whether it sponsors it or not.

Want to teach involved inward football game sponsorship? Click here, here together with here

Can Copyright Conspirator Claim He Likewise Was The Victim Of A Conspiracy?

Lexis-Nexis’ here to uncovering out

Riaa Proves The Fine Art Of Letter-Writing Is Non Dead

The New York Times reports that RIAA is well-nigh to launch a instant moving ridge of lawsuits against suspected music downloaders. This fourth dimension however, letters convey been sent out earlier the suits are filed, alert those who are due to live on sued of this fact. RIAA President Cary Sherman has said that the aim of the alert letters is to enable those on the receiving terminate to negotiate a solution without going to court, adding:

"Our objective hither is non to win lawsuits — it is to foster a job organization environs where legal online music services as well as bricks-and-mortar retail stores tin grade notice flourish.”

welcomes such an approach every bit long every bit (i) genuine efforts are made past times RIAA to negotiate amongst the recipients of such letters as well as (ii) the letters are sent to people who are credibly downloaders. However, the IPKat volition live on disappointed if it transpires that this is simply an endeavour to instruct double the publicity for RIAA’s activity against downloaders – ane circular of media coverage when the letters are sent out as well as a instant circular when papers are truly filed amongst the courts.

Inspired past times RIAA’s example? Get to grips amongst letter-writing here, here, here as well as here

A Flake Of A Pash? That's Totally Bass

Earlier this week, the CFI decided a instant merchandise score illustration – Phillips-Van Heusen v OHIM . This fourth dimension an application to register BASS every bit a CTM for footwear together with vesture was opposed past times the possessor of a German linguistic communication registration of PASH for leather goods together with clothing, belts, footwear together with headgear. In September of 2001,the Board of Appeal had that the marks were confusingly similar. However, a complication arose inwards the active business office of the Board’s judgment. While the opponent restricted the compass of its opposition to the registration of BASS for clothing, the operative business office of the original Board judgment stated that the Board “rejects the application for a Community merchandise mark” without limiting the rejection to clothing, fifty-fifty though the limitation to vesture was made explicit inwards the non-operative business office of the judgment. The Board sought to right this on eighteen Feb 2002 past times adopting a conclusion amending the offending paragraph of the September judgment past times limiting the rejection of the CTM application to clothing.

The CFI held that the Board’s initial conclusion was unlawful because the Board tin alone turn down a CTM application to the extent that the opponent argues for inwards his opposition. Here the opponent had based his opposition alone on vesture together with hence the Board could alone turn down the CTM application for clothing. However, because the Board had issued a correction of this mistake on the eighteen Feb 2002 together with because the applicant had withdrawn its objection to the compass of the Board’s decision, the activeness to annul the Board’s September 2001 conclusion was at nowadays devoid of job together with did non involve to survive ruled upon.

The CFI too annulled the core of the Board’s decision, asset that BASS together with PASH were non similar plenty to Pb to a likelihood of confusion betwixt the 2 parties’ goods. While visually the 2 marks had the same number of letters together with same 2 key letters, the populace were non to a greater extent than probable to focus on the key letters than whatsoever of the other letters together with the similarity betwixt the letters B together with P was limited. Aurally, though B together with P are pronounced real similarly inwards only about regions of Federal Republic of Federal Republic of Germany together with the alone vowel contained inwards both signs was identical together with fifty-fifty though “sh” audio is non used inwards German, a sufficient business office of the German linguistic communication populace was familiar plenty alongside the pronunciation of English linguistic communication words ending inwards “sh” that they would non mispronounce PASH every bit “pass”. Conceptually, BASS called to heed the vocalization of a vocaliser of musical musical instrument piece PASH was probable to survive associated alongside the German linguistic communication die game Pasch. This clear departure inwards meanings counteracted whatsoever visual or aural similarity, fifty-fifty though at that topographic point was no connection betwixt those meanings together with the goods. Therefore, piece the goods of the 2 parties were either similar or identical, the marks were non similar plenty on a global appreciation for at that topographic point to survive a likelihood of confusion leading to the registration of BASS existence barred nether Article 8(1)(b) of the Regulation 40/94.

notes that when he commencement read this case, his immediate idea was that the applied for score should survive pronounced “bass” alongside a short, sudden “a” every bit inwards "act", rather than every bit “base”, which is how the vocalization of a vocaliser would commonly survive pronounced past times native English linguistic communication speakers. This is because at that topographic point is an English linguistic communication construct of beer named BASS which is pronounced alongside a brusk "a". This goes to exhibit that a person’s (or feline’s) perception of a merchandise score inwards registration illustration tin survive shaped past times previous exposure to it or fifty-fifty to a similar score owned past times only about other undertaking. The illustration too got him thinking nearly the operative parts of CFI together with ECJ judgments. He realised that ane of his masters goes straightaway to the operative business office of such judgments because, at the cease of the day, this is the binding part, piece the other pays to a greater extent than attending to the reasoning that comes beforehand since this tends to survive to a greater extent than detailed together with to include a intelligence of issues that produce non construct their manner into the operative part. would survive interested to take away heed which business office of judgments his readers focus on together with why. Please enjoin the IPKat past times electronic mail or past times posting a comment below.

Want to sing bass? You’re inwards adept fellowship – click here, here together with here

Namibia Joins Per Centum -- Exactly Volition Anyone Notice?

On i Oct Namibia became the 123rd Contracting State of the Patent Cooperation Treaty (PCT) when it deposited its musical instrument of accession at WIPO. The Treaty volition movement into into strength for Namibia on i Jan 2004. In whatsoever international patent application filed on or afterwards that date, an applicant may designate Namibia. Additionally, nationals together with residents of Namibia may themselves file PCT applications equally of the same date.

wonders if the whole practise is worthwhile. WIPO’s ain patent filing statistics for 1997-2001 create non scope whatsoever records of whatsoever Namibian patents having been applied for or granted (apparently Namibia has notched upward exclusively around five patents a twelvemonth since 1990). It would endure overnice if a meliorate way could endure establish for helping countries such equally Namibia to atttract applied scientific discipline together with industrial growth.

General data nearly patenting inward Namibia here
Namibia’s electrical flow economical prospects here
A sense of savour of Namibia here

Dairy Score Looks Every 2D Good Much Similar A Geographical Indication, Courtroom Rules

In Case T-295/01 Nordmilch eG v Office for Harmonisation inward the Internal Market (Trade Marks too Design) (Court of First Instance of the European Communities, fifteen Oct 2003) Nordmilch applied unsuccessfully to register the discussion OLDENBURGER every bit a Community merchandise rate for goods inward classes 29, thirty too 32 (various milk too dairy, H2O ice cream too confectionery products too drinks). The OHIM Board of Appeal dismissed Nordmilch’s appeal since OLDENBURGER could serve every bit an indication of geographical source for a High German portion which produced those goods too at that topographic point was a populace involvement inward that discussion remaining freely available. Nordmilch so appealed to the Court of First Instance, which dismissed the appeal.

The courtroom recited Article 7(1)(c) of the CTM Regulation, which provides that merchandise marks consisting entirely of signs indicating geographical source were non to hold upwards registered. That aim was inward the populace interest, inward that descriptive signs too indications relating to the categories of goods or services inward abide by of which registration was applied for mightiness hold upwards freely used past times all. Article 7(1)(c) did non withal forestall the registration of geographical names which were unknown to the relevant shape of persons or of names inward abide by of which such persons were unlikely to believe that the category of goods concerned originated there. In this case, since Germans who good knew that Oldenburg was the upper-case missive of the alphabet of a dairy portion mightiness perceive OLDENBURGER every bit an indication of the geographical source of those goods. The courtroom noted that the occupation of Article 12(b) of the same rule was to ensure, inter alia, that occupation of an indication relating to geographical source which too formed component subdivision of a complex merchandise rate was allowed if it was used inward accordance amongst honest practices inward industrial too commercial matters. If Article 12(b) were to apply at that topographic point had, therefore, to hold upwards a prior finding that a merchandise rate had been validly registered. In this case, every bit the applicant’s rate had non been registrable, Article 12(b) of the rule was inapplicable.

welcomes this decision. Unless they accept achieved such a high flat of secondary pregnant that they are no longer viewed every bit identify names, signs which masquerade every bit protected geographical indications perform no valuable marketplace pose business office too exactly become far the fashion of honest commercial trade.

What else is Oldenburg known for? Horses, pop sculpture, science networking, tourism and immaculate excogitation
Dairy recipes here, here and here

Ghettopoly Game Upsets Hasbro

According to here

What they say virtually Ghettopoly here, here, here and here
Creating a novel game? Click here
“In the Ghetto”? Click here, here or here

Microsoft Inwards Patent Battle

ZD News reports that New York company, E-Data has filed a patent adapt inwards Deutschland against Microsoft, Tiscali together with OD2 (a digital music company). E-Data claims that the companies’ downloading services (MSN Music Club together with Tiscali Music Club) which enable consumers to download music off the cyberspace together with tape it on to a CD for a fee, infringe a patent it was granted inwards 1985 that is valid inwards Germany, England, France, Austria, Switzerland, the Netherlands, Italy, Luxembourg, Kingdom of Belgium together with Sweden. The patent covers the sending of data to a remote point-of-sale, where data is therefore transferred to a fabric object such equally storage media. H5N1 USA instance on the patent previously held that patch recording music on to a computer’s difficult effort is non inside the education of the patent, recording on to physical media such equally a CD at an in-store music kiosk is. eastward Data is seeking to equate a person’s domicile estimator amongst a remote kiosk together with is tilt that a CD or MP3 actor constitutes transference to a physical object.

is to a greater extent than accustomed to seeing copyright disputes, rather than patent cases, inwards the plain of music downloads. As the instance stands, E-Data are trying to depict an analogy betwixt today’s technology scientific discipline together with the terra firma of technology scientific discipline inwards 1985, long earlier the days of the Internet Revolution, allow solitary music downloads. The analogy seems similar a flake of a stretch – for example, tin forcefulness out a person’s domicile estimator actually survive equated amongst a music kiosk based inwards a conventional shop?

For the wonderful basis of kiosks click here, hither and here

Recipe For Copyright Problems: Stimulate Got Around Swedes Together With Butter

Ananova reports that a Swedish duo hunting on a remote mount inwards Sweden's far northern say of Jaemtland convey establish lxx pairs of shoes, all filled alongside butter. The footwear included trainers, high heels, boots in addition to tap shoes, each of which was stuffed alongside one-half a kilo of butter. The shoes had been spread out across the landscape. This unwrap is reminiscent of creative somebody Yu Xiuzhen's "Shoes With Butter", an present which was rank out inwards the Tibetan mountains surrounding Lhasa inwards 1996. Said a local spokesman: "It's non going to live on pretty when the butter starts to rot. And nosotros convey to await for the snowfall in addition to thence nosotros tin larn upwards at that spot alongside the snowmobile".

observes that 1 time once to a greater extent than the effect of conceptual fine art is raised. Is the notion of arranging butter-filled shoes a sufficiently defined in addition to delineated locomote of fine art inwards its ain correct to attract copyright protection every bit an master copy artistic work? thinks not. To the extent that copyright is invoked inwards protection of conceptual art, it is invoked inwards gild to protect the underlying thought -- which is non the subject-matter of copyright -- in addition to non a specific reification of that idea.

Yu Xiuzhen's "Shoes alongside Butter" here; Tibetan butter fine art here
More on fine art in addition to butter here, here and here
Other types of butter here and here

Love Dearest Me Don't

The BBC reports that the Beatles are non planning to house their back-catalogue of songs on whatever of the “legitimate” licensed online music websites. The argue for this decision, taken yesteryear the band’s tape label, Apple Corps, is unclear. Neither the label nor the Beatles’ publisher EMI profess to know the argue together with the Apple Corps spokesman has said, rather improbably: “I create non intend at that topographic point is whatever argue for it at all”.

wonders whether this is an implicit message from the Beatles that they are non bothered yesteryear unauthorised downloading of their music from unlicensed sites, that regardless of whether or non they object to such downloads they are acknowledging that they can’t realistically set a terminal to them or, to a greater extent than likely, they are trying to brand fourth dimension stand upward withal together with are attempting to cling on to CD sales of their music. Whatever the argue is, this volition larn out a giant hole inwards the hit of music brand available yesteryear authorised music downloading sites.

Spanish Beatles here, High German Beatles here, cosmopolitan Beatles here
The incorrect course of study of beetles here, here and here

Ipkat Rant: Stereotyping Inventors

New Scientist (4 Oct 2003, p. 92) reports:

"Overheard from a weary patent attorney talking close 1 of the organisations that represents inventors: "It's likely the exclusively trunk where the lunatic fringe extends correct to the centre".

has also met some pretty foreign inventors, but whatever grouping of like-minded people (football fans, cat-fanciers as well as fifty-fifty lawyers) is probable to look abnormal to those on the outside. Inventors long convey been stigmatised both individually as well as collectively for their weirdness -- but isn't their unorthodox manner of viewing things to hold upwards viewed every 2d a virtue rather than every 2d a argue for locking them up? Let's hold upwards overnice to inventors as well as laissez passer them some respect. If nosotros do, they may experience less threatened past times so-called normality as well as pass less fourth dimension as well as endeavor getting upwards patent attorneys' noses.

Google hits for "mad inventor" - around 10,900. Google hits for (possibly partially) "sane inventor" - simply one
Invention jokes here. Stereotypes of the mad inventor here, here and here
Useful data close sane inventors here

Mama Mia

The European edition of TIME Magazine reports on the function of DNV, the certification companionship hired past times the Italian Ministry of Agriculture too the International Association of Italian Restaurants to audit Italian restaurants located exterior Italy. The companionship investigates the preparation of the chef too the origins of the ingredients too the recipes used. Also, at to the lowest degree i staff fellow member must beak Italian. The inspection organisation is to last rolled out to France, Germany, the UK, Scandinavia too the Netherlands later a successful airplane pilot protect inwards Kingdom of Belgium too Luxembourg. Tasting withal is non business office of the inspection every bit it is considered every bit good subjective.
notes this government alongside interest. H5N1 system of inspection of the method for nutrient preparation according to a traditional formula that takes house abroad was approvingly considered past times the Advocate General (but non the ECJ) inwards the Parma Ham case, to the displeasure of the Consorzio del Prosciutto di Parma. The Italian eatery sense volition present whether it tin last made to work.

Inspired to opened upward your ain Italian restaurant? Click here, here too here

Common French Names Registrable Every Bit Uk Merchandise Marks

The Trade Marks Act 1994 has been inward forcefulness inward the Great Britain since thirty Oct 1994. The occasional item of litigation nether the one-time law, the Trade Marks Act 1938, yet crops up. EI du Pont de Nemours & Co v ST Dupont is a illustration inward point. USA fabrics manufacturer EI du Pont de Nemours applied to register DU PONT inward cast 25 (clothing); French fellowship Dupont opposed on the ground that the grade was not, too could non be, distinctive; Dupont afterward sought to ameliorate the opposition past times pleading that DU PONT was too a mutual French surname. Influenza A virus subtype H5N1 farther dry ground of opposition was that purpose of the DU PONT merchandise grade would live deceptive since Dupont had used it for a long time. Before the Registry the Hearing Officer dismissed the opposition too refused to let the amendment. On appeal Neuberger J allowed both the amendment. In parallel proceedings betwixt the 2 parties Dupont applied to register the unmarried give-and-take DUPONT, too for article of apparel inward cast 25. Reversing the determination of the Hearing Officer, Neuberger J rejected EI du Pont de Nemours’ opposition.

The Court of Appeal restored the Hearing Officer’s determination for a diverseness of reasons, largely evidential. In detail it held that Neuberger J should non stimulate got taken unwrap of the fact that Du Pont was a mutual French surname which was listed to a greater extent than than 800 times inward the Paris band directory: the fact that a surname was mutual inward Paris was irrelevant to the interrogation whether it could serve every bit a surname inward the United Kingdom. Also, given the extent of EI du Pont de Nemours’ purpose of the DU PONT merchandise grade inward relation to fabrics, it could non live said that its purpose of the same grade inward relation to article of apparel would live deceptive.

applauds the Court of Appeal’s reasoning on the frequency of French names too notes that the electrical current criteria for absolute bars to registration every bit a merchandise grade nether the Trade Marks Act 1994 create non expressly include the fact that a merchandise grade is too a mutual surname. When the ECJ’s ruling on the registration of surnames comes out inward Nicholls’ illustration , nosotros volition all live the wiser for it.

More on French surnames here, here and here
Lyrics to Monsieur Dupont here

Ipkat Comes To Inta

The International Trademark Association's Worldwide Forum on Trademark Protection volition survive held inwards Geneva, Switzerland, on i together with ii Dec 2004 together with the IPKat volition survive at that spot to written report on it. If y'all are going to survive at that spot likewise together with desire to enjoin hullo to the IPKat, simply ship us an email. If not, don't worry: nosotros volition survive blogging from the Forum on a daily basis.

Click here for programme together with booking details. And here's or together with then data on Geneva inwards English and inwards French.

Copyright: Etre Et Avoir?

“Etre et Avoir”. The cinema recorded a twelvemonth inwards the life of a one-class schoolhouse inwards the Auvergne mountains as well as its instructor Georges Lopez. Now Monsieur Lopez is claiming that he has copyright inwards the lessons that were featured inwards the cinema equally they were his ain master creations. However, the film’s director, Nicolas Philbert has said that the cinema was made amongst Lopez’s consummate cooperation as well as that, inwards whatever event, whatever copyright would hold upward owned past times terra firma didactics system.

makes the next comments: (i) earlier embarking on a projection of this nature, the parties should ensure that their respective rights are clearly agreed on as well as recorded inwards writing; (ii) from a legal yell for of sentiment the fact that the cinema was made amongst Lopez’s consummate cooperation would non look to accept whatever bearing on the number of ownership of the copyright, although presumably G Philibert agency to nation that G Lopez consented to the waiving of whatever rights that he had; (iii) since a “lesson” inwards itself is non a recognised category of copyright-protected work, Monsieur Lopez is presumably claiming that it is a literary or dramatic locomote (since he did non brand the cinema as well as the cinema is inwards whatever number a free-standing locomote apart from the lessons, his rights would presumably vest inwards the film’ subject-matter solely as well as non the cinema itself); (iv) zippo has been said nigh the purpose of the pupils inwards the lessons. To the extent that their participation was required, could they hold upward said to hold upward either performers or articulation authors of the locomote ultimately performed?

Find out nigh the Auvergne portion here
Learn to enjoin your etre from your avoir here
Go dorsum to schoolhouse here

My Name’S “Microsoft” Exactly You Lot Tin Strength Out Telephone Call Upwardly Me “Mike”

First merchandise marks are but badges of rootage for goods or services. Then they boot the bucket aspirational lifestyle icons. Finally merchandise marks gain the ultimate grade of adoration when, exactly equally people used to refer their children later on much-loved saints or heroes, at 1 time they refer them later on their best-loved brands. News.com.au relates tales of children called Timberland (six American Timberlands were born inward 2000), Canon (45 kids), Bentley (9 kids), Jaguar together with Xerox. More tasteful names include Bologna (as inward sausage) together with Gouda (as inward cheese). Several boys convey been called Camry, later on the Toyota car, spell Chanel is used for girls. Apparently at to the lowest degree 10,000 different forenames are at 1 time inward role inward the United States, two-thirds of which were largely unknown earlier World War II.

hopes that the brand-naming of children volition non last considered an infringing or dilutionary human activeness together with that the courts volition non club them to last delivered upward to merchandise grade owners for disposal or destruction.

Strange forenames here, here and here
Is it wise to laissez passer on your infant an odd name? Find out here and here
American Name Society here
Molecules alongside names that parents are unlikely to telephone telephone their children here

Ipkat Conception Of The Month: The Human Free-Flight Catapult

Have yous e'er felt downwards inwards the dumps? In require of a flake of a lift? If so, Theodore F. Wiegel’s Human Free-Flight Catapult (humour, inwards song and inwards literature

Location, Location, Location

here and here

Easyjet Produce It Again

Only a few months later IPKat 7, July), to approximate the correct answers too and hence transmit data to the Major yesteryear agency of coded coughs. The Ingrams complained to the Advertising Standards Authority (ASA) later easyJet ran a paper promotion amongst the headline "Need a inexpensive getaway?" to a higher house a photograph of the twain too the wording "No Major fraud required". This, they said, was an invasion of their privacy too was “offensive too distressing" to them. EasyJet said the promotion was "one of a serial of humorous topical advertisements, all using celebrities who had late been inward Earth eye". They admitted they had non asked permission to role the photograph exactly said it was already inward Earth domain.

The ASA rejected the Ingrams’ electrical load maxim that, spell companies were urged to function permission earlier they used an private inward an advert, they were non required to obtain it. What’s more, the cry "portrayed the complainants inward a trend that was consistent amongst the verdicts inward their recent courtroom representative too non inward an unfairly adverse way". Since the Ingrams had chosen to look on “Who Wants To Be H5N1 Millionaire?” too were convicted of trying to defraud the show, the cry could non hold out said to bring caused farther distress since it "had non unfairly portrayed them adversely or offensively too was consistent amongst the full general media depiction of them".

wonders why anyone bothers complaining to the Advertising Standards Authority. It’s non equally if it has the ability to brand whatever gild or grant whatever relief. At best, the offending advertiser is given a gentle rap over its well-padded knuckles. At worst, inward cases such equally this, all the embarrassments of the master copy promotion are drawn over again to the public’s attending when the ASA’s determination is made public. If even hence Ingram could persuade a courtroom that he had lost the chance to earn endorsement income yesteryear virtue of a faux apparent endorsement, he could bring collected substantial damages, equally racing driver Eddie Irvine did.

Anagram of Major Charles Ingram here
How to continue a game exhibit here and here …
… too how to hold out a winner here and here

Aol Fourth Dimension Warner To Recruit European Anti-Piracy Counsel

In today’ Times, AOL Time Warner is advertising to recruit a dedicated “European Anti-Piracy Counsel.” The seat has arisen “due to a pregnant growth inwards cyberspace as well as difficult goods audio-visual piracy.” The lucky appointee volition receive got a varied diet of work, including “negotiating” amongst offending parties as well as their lawyers, developing “technology-driven anti-piracy systems as well as solutions” (in other words, anti-circumvention devices) as well as lobbying for the protection of Warner Bros’ rights throughout the European region.

Although “piracy” hasn’t reached the same score inwards Europe every bit inwards the U.S. of A. because fewer Europeans receive got access to high-speed cyberspace access, the IPKat suspects that the creation of this seat foretells a US-style approach to combating the problem. This is afterwards all an American society creating a chore amongst an American-sounding name. The visit of “negotiating” amongst infringers reminds the IPKat of the approach that has been adopted inwards the States, especially RIAA’s “Clean Slate” programme (where downloaders own-up as well as undertake to take away illegal downloads from their hard-drives inwards supply for a hope that RIAA volition non prosecute them) as well as the serial of settlements that receive got come upwards out of the 261 cases that RIAA has filed against alleged illegal downloaders. also wonders if lobbying for Warner Bros’ rights volition essentially hateful lobbying for US-style protection to live on extended to Europe.

View around of Warner Bros’ valuable intellectual belongings here, here, here as well as here
Thinking of applying for the job? Essential background information here and here