Wanted: Critical Readers

IPKat co-author Jeremy has done a commencement draft of his newspaper for side yesteryear side month's ECTA Conference, "Past, Present too the Future: the evolution of merchandise marks, designs too related rights inwards Europe". It's on the champaign of report of improvements that could endure grafted on to the existing European merchandise score system. Would anyone similar to await through it too brand comments -- soundless critical -- on roughly of its to a greater extent than far-flung suggestions?

If you'd similar to run into the draft, delight e-mail Jeremy here for a copy.
ECTA programme here

Ohim Scandal?

is a animate beingness of fragile sensibilities so, when reading an OHIM determination concerning morality as well as the ambit of Art.7(1)(f) of the CTMR, he was astounded to discovery that the Office had allowed BIG COCK & device to travel registered. Had the Office taken operate out of their senses, sozzled past times the Castilian sun? What could travel the nature of this device? hated to think, exactly he had to know...

For your delectation as well as pleasure, the IPKat volition post service his findings tomorrow afternoon.

In Illustration Yous Were Wondering ...

When other people arrive at got been wasting their banking concern vacation weekend inwards lamentable pursuits similar recolonising the Lost Continent of Ikea, the IPKat's corking friend Tibor Gold (a partner inwards Kilburn & Strode) has been at his productive best, producing the next notes on ii recent Court of First Instance cases on Community merchandise marks that arrive at got failed to larn far into English. The ii cases are

Case T-31/03 Grupo Sada, pa, SA v OHIM (Sadia, SA), CFI fourth chamber, eleven May 2005

The applicant’s CTM application inwards classes 29, 31 as well as 35 was for a composite grade made upwardly of an abstract graphic with of which were the words GRUPO as well as SADA ane inwards a higher house the other, with SADA much bigger as well as somewhat stylised. The intervener (opponent) opposed nether Art. 8(1)(b) CTMR on the footing of its before Castilian registration inwards course of written report 29 for a slightly stylised give-and-take grade ‘Sadia’. The Opposition Division allowed the opposition inwards honour of the applicant’s course of written report 29 only, a conclusion upheld yesteryear the First Board of Appeal (“BoA”).

The effectively alone solid soil of appeal to CFI was on the Art. 8(1)(b) CTMR signal (=likelihood of confusion). However, the CFI found that that solid soil had 3 sub-grounds:

(i) the BoA’s failure to accept into job organisation human relationship of the high grade of noesis of the grade yesteryear Castilian consumers;

(ii) the BoA’s misapplication of the concept of ‘global appreciation’ inwards the comparing of the marks as well as

(iii) the BoA’s failure to accept into job organisation human relationship the significance of the fact of co-existence inwards the Castilian marketplace the applicant’s 3 other Castilian registered marks, all of which are older than the opponent’s mark.

The appeal failed for the next reasons:

(i) Art. 74(1) does non permit OHIM to examine facts or arguments that arrive at got non been invoked yesteryear the parties to the proceeding.: Henkel KGaA v OHIM (LHS(UK)) (KLEENCARE) T-308/01 [2003] ECR II-3253, [2004] ETMR 1022 (74); nor volition the CFI entertain the exam of evidence, facts or arguments foremost introduced before it: Alejandro v OHIM (Anheuser-Busch) (BUDMEN) T-129/01 [2003] ECR II-2252.

(ii) The CFI did non concur with the appellant’s arguments that the BoA’s approach was unduly dissective rather than making an overall assessment. The CFI affirmed the findings of the BoA (a) that the relevant world to watch is the full general Castilian public, (b) that the goods are identical, as well as (c) that spell non ignoring the graphic chemical constituent as well as the generic give-and-take GRUPO, the dominant visual as well as phonetic elements to compare are the words SADA as well as SADIA which are the elements the average consumer volition shout out upwardly as well as which are confusably similar. The CFI cited Oberhauser v OHIM (Petit Liberto),(FIFTIES), T-104/01, [2002] ECR II-4359, [2003] ETMR 58.

(iii) It is non wholly to live excluded that inwards surely cases the co-existence inwards the marketplace of an applicant’s registered marks before than the opponent’s grade may live taken into job organisation human relationship – but alone if it is duly proved before the Office that (A) such co-existence is based on the absence of the peril of confusion on the business office of the relevant public, as well as if farther (B) the co-existing marks are identical. Here the applicant’s marks anterior to the opponent’s were non identical, nor did the applicant furnish whatever proof of the absence of the peril of confusion. Hence the BoA was correct to spend upwardly this argument.

Case T-288/03 TeleTech Holdings, Inc. v OHIM (Teletech International SA) CFI 2d Chamber, 25 May 2005

This started equally an application for part-cancellation against a registered CTM “TELETECH GLOBAL VENTURES” inwards classes 35 as well as 38 based on the applicant’s before French national registration TELETECH INTERNATIONAL, too inwards those classes. The Cancellation Division of OHIM granted the application for roughly (only) of the services inwards the attacked business office of the registration. On appeal, the BoA upheld the conclusion of the Cancellation Division inwards part. The CTM proprietor appealed to the CFI on the next grounds:

(i) Violation of the principles of co-existence as well as comparing of CTMs as well as distinctive national marks as well as signs;

(ii) Violation of the defendant’s rights of defence forcefulness as well as

(iii) Misconstruction of Art. 8(1)(b) CTMR.

Under (i) the appellant sought to rely on an allegation that “TELETECH GLOBAL VENTURES” was a well-known mark, the feel of Art. 6bis of the Paris Convention equally good equally Art. xvi of TRIPs, inwards the European Union as well as inwards a higher house all inwards France, since before the appointment of the grade owned yesteryear the applicant for cancellation. It too tried to rely on Art. 106 CTMR.

The CFI found that spell the BoA’s conclusion on this signal could arrive at got been lay meliorate as well as to a greater extent than clearly, it is soundless possible to empathize it equally stating that the allegedly well-known character of the attacked grade has no influence on the determination of the inquiry of the likelihood of confusion betwixt the compared marks. Moreover, OHIM has no mightiness or mightiness to examine the validity of an before correct invoked against a CTM inwards cancellation proceedings: Matratzen Concord v OHIM (Hukla Germany), T-6/01, [2002] ECR II-4335, [2003] ETMR 392 (31).

The CFI too dismissed the declaration of that it would live ‘absurd’ if the appellant could non convert its CTM into a French national registration on the footing that, if it is actually well-known, the appellant tin flaming perish on to purpose it and/or tin flaming base of operations a French cancellation proceeding against the applicant‘s French registration on it. The declaration founded on Art. 106 CTMR was given rattling brusque shrift equally simply non analogous as well as misconceived. Similarly rejected was the declaration based on Art. 6bis of the Paris Convention /Art. xvi of TRIPs which, equally the CFI points out, only render the possessor of a well-known grade with a correct to oppose the purpose a subsequently sign.

Under (ii), the appellant argued that if the BoA did non observe its illustration on ‘well-knownness’ established, it should arrive at got been told this as well as allowed to innovate additional material. But the CFI disagreed. OHIM was nether no such duty. The facts were that the evidence submitted yesteryear the appellant before OHIM did non constitute that its grade was well-known, (even if that were relevant to the cancellation action). The CFI relied on Art. 74 CTMR which limits OHIM’s mightiness to adjudicate alone on the parties’ arguments as well as facts submitted to it. Thus, on the KLEENCARE principle, Henkel KGaA v OHIM (LHS(UK), T-308/01 [2003] ECR II-3253, [2004] ETMR 1022 (74), the CFI found no fault with the BoA here.

Lastly, nether (iii), the declaration was alone virtually the differences betwixt the competing signs, the targeted world as well as the services beingness essentially the same. The CFI upheld the BoA’s finding that TELETECH was a coined word, with TELETECH beingness clearly dominant at the get-go of the whole, spell ‘global’, ‘international as well as ‘ventures’ were descriptive words. Though the last-mentioned did non be equally a French word, non alone does it prevarication at the – less probable to live memorised - terminate of a three-word grade but inwards this champaign the relevant world is especially exposed to Anglicisms. Hence the finding of a likelihood of confusion was affirmed.

is hugely grateful to Tibor for his sterling efforts.

Amphibious Fun

Never 1 to immature lady a hip in addition to cool tendency man, the IPKat couldn’t help simply ponder most the issues thrown upwardly alongside consider to the ownership of the copyright inwards the Daily Telegraph).

*It all started when Swedish teenager Daniel Malmedahl recorded himself imitating a moped.
*The file was circulated on the in addition to used on the Insanity Test – if y'all could psyche to it for 60secs therefore clearly, y'all were insane.
*Erik Wernquist, to a greater extent than or less other Swede, took the exam and, amused past times it, created the frog grapheme which he posted on his company’s website. Wernquist didn’t know where the audio came from in addition to publish a telephone telephone for its creator to become far touching on alongside him. Influenza A virus subtype H5N1 friend of Malmedahl passed on Malmedahl’s details.
*A worker at the High German Jamba companionship saw the frog in addition to told his boss most it. Jamba bought the rights from Malmedahl in addition to Wernquist.
*Jamba was bought past times VeriSign.
* The Crazy Frog was launched equally a ringtone, cellular telephone hide saver in addition to a single.

His copyright won’t croak for to a greater extent than or less other lxx years – makes the whole organisation worth it doesn’t it?

says hurray for the ability of the internet.
Merpel says that everyone knows that the krazy kat came first.
The Crazy Frog says

A ding ding ding ding dididing ding bing bing pscht,
Dorhrm bom bom bedom
bem bom bedom bom bum ba ba bom bom,
Bouuuuum bom bom bedahm, Bom be
barbedarm bedabedabedabeda
Bbrrrrrimm bbrrrrramm bbbrrrrrrrrraammmmm
ddddddraammm,
Bah bah baah baah ba wheeeeeee-eeeee-eeeee!

Crazy cats here
Crazy dogs here
Crazy koala here

Design For Living

has come upwardly across a rare phenomenon – a design decision from the Britain Patent Office. In Apr 2003 Alexander John Garnett applied nether the Registered Designs Act 1949 (as amended yesteryear the Registered Designs Regulations 2001) to register a pattern intended to live on applied to a “stool”. The pattern consists of a stool which is shaped similar a giant reckoner cardinal as well as has a give-and-take on top. The pattern was registered only inwards September 2004 Ross Byers McBride applied to accept the pattern registered for lack of novelty as well as private character. He pointed to a stool of his ain that he had displayed at Britain as well as German linguistic communication pattern fairs.

The application for invalidity failed. An applicant for invalidity must render testify to attempt his claim. Here the applicant for invalidity’s Statement of Case gear upwardly out the grounds, only he had filed no testify as well as the applicant’s claim to an before correct accept non been demonstrated. The photographs accompanying the Statement of Case did non confirm purpose of the illustrated pattern at whatever item engagement or location.

does his chip to exam out pattern protection

says that it’s unfortunate for Mr Byers McBride, only hereafter applicants for invalidity accept no excuse for non providing this basic evidence.

Some stools that aren’t eligible for pattern protection here, here as well as here

Custom-Built Merchandise Score Opinion

draws his readers' attending to to a greater extent than or less bank-holiday reading. In Class International v Unilever, Advocate General Jacobs has discussed the merchandise reach seat of goods which are inwards transit from i non-EU nation to to a greater extent than or less other only which locomote via the EU.

1. Trade reach owners can't oppose the entry into the European Union of non-EU goods bearing their merchandise marks on the grounds that such entry would industrial plant life hold upwards of their merchandise marks nether Art.5(1) of the TM Directive.
2. For every bit long every bit such goods rest non-Community goods, offering them for sale or selling them volition non industrial plant life ‘using [the mark] inwards the class of trade’ inside the pregnant of Article 5(1) of the TM Directive.
3. The merchandise reach possessor can, nether Article 5(1) of Directive 89/104, forestall their unloosen into gratuitous circulation inwards the European Economic Area.
4. In merchandise reach infringement proceedings, the burden of proof is a thing for national police except amongst consider to the query whether the goods were lay on the marketplace inwards the European Economic Area nether that merchandise reach amongst the proprietor’s consent.

Fed Upwardly Amongst Lawyers? Endeavour The Techies

If you're beingness plagued yesteryear counterfeiters, but don't similar meetings alongside lawyers as well as trips to court, accept approximately other await at technical solutions to your problems. The bimonthly periodical Product & Image Security, published yesteryear ECI International, carries both editorial as well as advertising content that demonstrates how much the average IP possessor tin dismiss produce to give away fakes or to brand his ain products harder to copy.

has only received the May/June 2005 issue, which carries on its encompass the arresting statement:

"In the state of war against counterfeit as well as fraud, your basic as well as close effective weapon is the substrate your documents, packaging as well as labels are printed on".

Is this right? Merpel, for one, disagrees: "I intend anyone's best weapon is their pricing policy. Their mo best weapon is having a production no-one wants to re-create anyway". What produce visitors to this weblog think? Please postal service your comments as well as allow us know.

What's Black, Shiny In Addition To Sum Of Database Law?

The May 2005 consequence of Butterworths' LexisNexis Intellectual Property too Technology Cases has straight off been published. The impress edition (which does indeed convey a deliciously sleek black, shiny cover), ties inwards amongst this title's online service.

Black, shiny too much enjoyed past times the IPKat ...

The cases reported inwards this consequence are the iv European Court of Justice rulings concluding Nov on the compass of database protection: cases C-203/02 British Horseracing Board v William Hill, C-444/02 Fixtures Marketing v Organismos Prognostikon, Case C-46/02 Fixtures Marketing v Oy Veykaus and Case C-338/02 Fixtures Marketing v Svenska Spel.

Are At That Spot Whatsoever Adidas Stripe Puns Left?

cheers Gino van Roeyen of Netherlands theatre Banning for tipping him off well-nigh unopen to other adidas ii stripe/three stripe case.

As no doubtfulness all the IPKat’s readers know, adidas owns the three-stipes merchandise range inward the Netherlands. H&M used ii stripes on its article of apparel inward 1996. adidas’ answer was to convey infringement activeness nether (in Directive terms) Arts 5(1)(b) in addition to 5(2) which ended upward inward the 's-Hertogenbosch Court of Appeal. However, adidas failed on both claims.

Regarding confusion-based infringement, the visual divergence betwixt 3 in addition to ii stripes would stand upward out to consumers in addition to preclude them from beingness confused.

Regarding dilution-style infringement, the courtroom followed the ECJ’s determination inward Adidas v Fitnessworld, finding that nether the relevant provision, the range of similarity betwixt a range amongst a reputation in addition to a conflicting sign must hold out such that the relevant department of the populace establishes a link betwixt the sign in addition to the mark. Here the show produced past times adidas did non flora this since it examined the seat at present, rather than proving that consumers made a link betwixt the ii sets of stripes inward 1996. However, the courtroom acknowledged that the reach of protection of a merchandise range is non static in addition to tin hold out affected past times changes inward circumstances.

models the latest inward adidas knock-off gear

notes that the Dutch courtroom seems to hold out taking a dissimilar approach to similarity of marks nether Arts 5(1)(b) in addition to 5(2) respectively, otherwise the failure of the Art.5(1)(b) would accept killed off the Art.5(2) claim. This has got to hold out the correct approach next Adidas v Fitnessworld.

More things to brand adidas angry here, here, here in addition to here

Two Quick Patent Questions

1. In search of patent cases. regularly scans the OHIM in addition to Great Britain Trade Mark Registry websites for decisions on merchandise marks in addition to designs, but exclusively rarely visits the European Patent Office (EPO) website or the UK Patent Office decisions pages inward search of patent rulings inward patent hearings. Should these decisions hold upwards part of this blog's regular diet? If so, produce nosotros accept whatsoever sort readers who would similar to enjoin us when of import decisions are posted in that location in addition to then that the IPKat tin capture them land they are withal fresh?


2. What are they doing there? When browsing the decisions on the EPO website, the IPKat constitute non simply EPO decisions but around example police from the High German Bundespatentgericht. He doesn't ask heed them existence in that location (indeed, he fifty-fifty welcomes them when they're available inward English), but he was wondering what they were doing in that location inward the get-go place. Any answers?

Competition Illustration Gets A Sporting Chance

rare foray into contest constabulary past times the IPKat thank you lot to Findlaw. American Needle held a non-exclusive licence from the American National Football League (NFL), allowing it to create vesture bearing the merchandise marked emblems of NFL teams. NFL stopped granting multiple licences inward its merchandise marks as well as instead granted an exclusive licence to Reebok. American Needle sued NFL, claiming that its activities constituted restraint of merchandise as well as monopolisation, both of which are illegal nether the US Sherman Antitrust Act. NFL took trial amongst American Needle’s definitions of the relevant market, controversy that a company’s merchandise marks cannot, on their own, works life a marketplace for antitrust purposes. Though, according to the judge, that’s normally true, hither the squad logos could last seen equally the production themselves because consumers looking for NFL vesture wanted to exhibit their allegiance to their teams as well as other vesture would non last suitable for this purpose.

suspects that this is an special instance since the NFL seems to command all the football game squad marks as well as thence all possible substitutes equally far equally the football game squad insignia is concerned. He wonders if a unmarried team’s merchandise grade would works life a marketplace of itself since consumers are really loyal to their teams as well as would non have on around other team’s logo. For example, a Manchester United fan isn’t going to operate out as well as purchase as well as Arsenal shirt fifty-fifty if the Arsenal shirt is considerably cheaper than the Manchester United shirt. The 2 but aren’t substitutable.

Be a proficient sport here as well as here

Oh Baby!

IPKat co-master Ilanah has simply unearthed a CFI determination that she's been waiting for for ages. There's simply i snag - no English linguistic communication translation, fifty-fifty though the determination was given at the halt of April. At the OHIM Board of Appeal phase Ampafrance v Johnson & Johnson (BEBE/MONBEBE) discussed inter alia how to essay detriment to distinctive graphic symbol (blurring to our American friends) together with the marker of likelihood of detriment to distinctive graphic symbol that is required inward registration situations. 's express grasp of French causes him to believe that the Art.8(5) consequence wasn't discussed yesteryear the CFI but if whatever of his readers know better, he'd beloved to remove heed nearly it. Also, assuming he's right, does anyone know why the Art.8(5) claim went away?

How the ECJ's translation policy makes the IPKat feel...

We Should Last Told

There are forthwith 73 cases listed on OHIM's Community Trade Mark Court Decision page, manifestly drawn from 7 countries. As this vertical column of cases grows longer, it becomes increasingly user-hostile.

Can whatever of the IPKat's friendly moles inwards Alicante delight enjoin him when these cases volition hold upward accessible together with searchable inwards a to a greater extent than effective manner? And tin flaming anyone enjoin him why OHIM needs to enjoin users how many KB are taken upward past times each of the listed cases? Is in that place anybody out in that place who is going to gain got problems amongst the size of these documents?

Spa Illustration Falls Apartment On The Facts

No monopoly for Spa Monopole

Also posted today is the Court of First Instance determination inwards Case T-67/04 Spa Monopole v OHIM, Spa-Finders Travel Arrangements Ltd. Spa-Finders applied to register the words SPA-FINDERS equally a Community merchandise grade for printed publications (Class 16) too move means services (Class 39). Spa Monopole opposed nether Art.8(5) of Regulation 40/94, citing its before German linguistic communication too Benelux marks SPA too LES THERMES DE SPA for diverse proficient too services too maintaining that the applicant's grade would own got unfair payoff of the repute of its before marks or would hold upwards detrimental to their distinctive character. The Opposition Division rejected the opposition; the Board of Appeal dismissed Spa Monopole's appeal and, today, too therefore besides did the Court of First Instance. Spa Monopole's illustration was lost principally because of the weakness of its evidence. For the near part, it was unable to attempt that its before marks had whatever reputation; nor could it attempt "free riding" or run that was detrimental to its distinctive character.

thinks the CFI got it correct this time. This was actually a weak case. If unfair payoff or detriment are argued, you lot own got to hold upwards able to larn the judicature to sympathize amongst you. If you lot can't persuade them to portion your feel of outrage, you lot know you've lost.

If It Works, Oppose It

The Court of First Instance's conclusion on the appeal inwards Case T-352/02 Creative Technology v OHIM, Ortiz was posted today. CT applied to register the give-and-take score PC WORK for "apparatus for recording, transmitting together with reproducing sound or images, loudspeakers, amplifiers, tape players, tape players, compact disc players, tuners, together with parts together with fittings for all the aforesaid goods" inwards Class 9. Ortiz opposed, citing his before registration of a Castilian figurative score for "electronic sound equipment; loudspeakers; sound reproducing apparatus; radio, boob tube together with video apparatus", likewise inwards Class 9. The Opposition Division upheld the opposition on the reason that at that topographic point was a likelihood of confusion betwixt them; the Board of Appeal agreed. So, dismissing the appeal, did the Court of First Instance. The CFI said, inwards paragraphs 48-49:

"the give-and-take ‘pc’ inwards the merchandise score applied for has a descriptive grapheme inwards relation to the goods concerned, being, both inwards English linguistic communication together with inwards Spanish, an abbreviation for ‘personal computer’. From the conceptual betoken of view, the distinctive chemical component of that score hence consists of the give-and-take ‘works’. In the illustration of the before mark, it must last held, ... inwards the absence of non‑verbal figurative elements having independent evocative force, that the dominant chemical component on a conceptual rank consists of the give-and-take ‘work’.

Secondly, it must last regarded every bit plausible, every bit the applicant itself seems to recognise, that the targeted public, existence made upwards of consumers familiar alongside the purpose of computers, has sufficient noesis of English linguistic communication to empathize the pregnant of the give-and-take ‘work’ together with to recognise its plural class inwards the give-and-take ‘works’".

is reluctant to guide maintain upshot alongside together with then many others, simply queries the conclusion that at that topographic point is a likelihood of confusion -- if entirely on the reason that he tried to last confused, simply failed.

The Ipkat Translation Watch

Case T-288/03 TeleTech Holdings v OHIM - Teletech International (TELETECH GLOBAL VENTURES) has been posted on the Curia website inwards all of the EU's official languages except Czech, English, Italian Maltese, Slovenian in addition to Finnish. If you lot know what it's about, delight enjoin the IPKat past times posting a comment below.

Teach yourself Italian, Maltese, Finnish, Czech and Slovene.

Go For It, Google

This, from the BBC: the Association of American University Presses (AAUP), which represents 125 non-profit-making academic volume together with periodical publishers, has defendant Google of infringing copyright if it puts academy libraries online. This will, the AAUP claims, bring financially troubling consequences together with could undermine sales of industrial plant inwards which publishers ain the rights.

Last Dec Google announced deals amongst 4 leading universities, Oxford, Harvard, Stanford together with Michigan. At a toll of $200m (£110m) Google aims to position xv 1000000 volumes online from 4 elevation United States of America libraries past times 2015. It volition also scan inwards out-of-copyright books from the UK's Oxford University. The stance is to brand millions of of import merely previously inaccessible texts available to researchers everywhere.

The AAUP seeks clarification of xvi questions together with claims the book-scanning scheme "appears to take away systematic infringement of copyright on a massive scale". Its members, who depend on volume sales together with other licensing agreements for the bulk of their revenue, are worried that if users tin larn the data they desire from its books past times searching them online, they won't purchase them. Further opposition has come upwards from France, where at that spot are fears that the Google projection volition heighten the authorization of the English linguistic communication language together with of Anglo-Saxon ways of thinking. French Republic together with several other European countries lately got EU backing for a course of didactics book-scanning projection for industrial plant non inwards English.

is delighted at Google's plan, having suffered plenty at the hands of several publishers together with librarians over the years. Merpel's pleased too: she recalls how the introduction of printing threw 30,000 scribes out of live on inwards Venice alone, together with remembers the squeals of appal from English linguistic communication publishers when copyright was introduced inwards 1710 inwards the Act of Anne. No-one has a divine correct to brand coin out of books that are out of copyright anyway.

Greedy publishers here
The Act of Anne 1710 here

Unesco Copyright Exception Meeting

On 27 May UNESCO volition host a French-German coming together on exceptions to copyright law. The meetings are role of a serial which accept house alongside the collaboration fo Institut de recherche en propriété intellectuelle Henri-Desbois together with the Max Planck Institut alongside the work of stimulating ground on copyright inward the digital surround together with to beak over the futurity of copyright inward French Republic together with Germany. The coming together volition too suggest changes necessary to convey their laws inward delineate of piece of work alongside European requirements.

doesn't know much virtually this serial of meetings. He wonders if whatever of his readers do. Merpel thinks this sounds fun - why isn't the United Kingdom of Great Britain together with Northern Ireland of Britain together with Northern Republic of Ireland involved?

No Summary Judgment Inward Swiss Claim Case

Here's a decision that came out final calendar week piece the IPKat was inward mid-air (or mid jetlag): Tercica Inc v Avecia Ltd in addition to others, a ruling of Mr Justice Isle of Mann sitting inward the Patents Court on Fri xx May. The activity concerned ii applications for summary judgment inward linked proceedings. In the first, Tercica -- a licensee nether a Genentech mammal increase patent -- was suing Avecia in addition to Insmed for infringement; inward the second, Avecia in addition to Insmed sought revocation of that patent. The patent had a Swiss claim, its essential inventive content beingness non in addition to thence much the project design of a novel drug equally the utilization to which an existing drug is put.

Dismissing both sides' applications for summary judgments Isle of Mann J said:

tries out a mammal increase hormone

"What I was asked to consider (among other things) was a concept which Jacob J has called he "artificial gear upwards of a Swiss course of pedagogy claim" (see Merck & Co Inc's Patents [2003] FSR 498 at para 80), in addition to inward item what is meant yesteryear "new use" where travel of that novel utilization involves a item method of administration, in addition to the interface alongside the method of handling point. One of the questions which mightiness arise is: only how far tin the artificiality travel pushed earlier reality forces its fashion in? These are non subjects which are peculiarly happily determined on applications for summary judgment, fifty-fifty when those applications are argued also in addition to equally fully equally the i earlier me was".

thinks this is for sure right. Swiss claims are notoriously hard to litigate, since issues of novelty in addition to obviousness prevarication at their real heart.

More on Swiss claims here, here and here

Strange Request

IPKat co-owner Jeremy is preparing a chapter for a Festschrift inwards retentiveness of the piece of cake Professor Herchel Smith, a successful patent possessor who endowed the Intellectual Property Chairs at Queen Mary too the University of Cambridge, with other acts of cracking generosity. Apropos of this, too noting that Smith is a really mutual surname, he wonders if whatever weblog readers know of whatever cases or incidents involving confusion betwixt dissimilar Smiths. All useful data sent here will hold upwards acknowledged inwards his chapter.

Latest Eipr

The June 2005 termination of Sweet & Maxwell's monthly European Intellectual Property Review has instantly been published. As ever, there's lots of interesting content. For example,

* there's a skillful article past times Professor Paul Torremans (University of Nottingham) on determining which police applies to ownership together with authorship disputes betwixt employers together with employees;

Amanda Michaels: explains that blueprint protection is "real", non "ephemeral"

* Amanda Michaels writes an obituary for the "pattern parts" drive next Isle of Mann J's decision last Dec inwards Dyson v Qualtex.

Modesty all merely inhibits IPKat co-owner Jeremy from mentioning his ain piece, "Pouring Oil on Troubled Waters or Inflaming the Passions? Comptrollers' Opinions together with the Quest for Happiness", which many readers of this spider web log read together with commented on during its draft phase. Thank you, all of you, for taking the problem to create so.

The Hunt Is Off

Quorn Hunt, the decision proverb that actual detriment to distinctive grapheme or unfair payoff to distinctive grapheme or repute, has been settled. Thus, at that topographic point volition live on no determination past times the Appointed Person inwards this case.



though sees no argue why the master reasoning past times the hearing officeholder should live on anything merely correct.

Mmmm...magic mushrooms here in addition to here

Now It's Your Adventure To Comment

Another amazing British patent: inflatable policemen (above) are to endure located
at ports of entry equally a way of deterring the importation of counterfeit goods

Following the passage of the Patents Act 2004, which is instantly partially inwards force, the UK Patent Office is inviting comments as business office of its consultation programme for amending the Patents Rules 1995. The closing appointment for receipt of comments is 17 August 2005. 's actually glad that other people pay unopen attending to these of import details: he's much happier dealing amongst easier things similar the big principles.

Another amazing British disaster: the commencement counterfeit inflatable
policeman (above) has merely been sighted at Felixstowe

Consolidated version of the Patents Act 1977 here; Patents Act 2004 here; Patents Rules here

Contents Of Failed Mediation Must Last Kept Secret

While the IPKat was away concluding calendar week LexisNexis' Butterworths All England Direct subscription service picked upwards Venture Investment Placement Ltd 5 Hall, a Chancery Division determination of Deputy Judge Robert Reid QC on Mon sixteen May. It was entirely a small-scale case, merely the betoken was an of import one.

Mediation industrial plant ... for the mediator, at whatsoever rate

The parties were involved inwards proceedings past times which Hall sought to recover certainly sums from VIP. At this betoken VIP applied for interim injunctive relief to destination Hall referring to or disclosing whatsoever matters discussed inwards the class of an unsuccessful mediation inwards which the parties had participated. VIP alleged that, since Hall had already made certainly disclosures that were inwards breach of the mediation's confidentiality provisions, an injunction was needed to confine whatsoever farther breaches of confidence.

Robert Reid QC granted VIP injunctive relief. Since the exercise of mediation proceedings was to allow the parties endure frank as well as open, it followed that what each of them revealed inwards the class of a mediation was non to endure used past times the other side if the mediation failed.

thinks that episodes similar this volition instruct increasingly mutual equally judicial illustration administration steers an increasing release of litigants towards mediation rather than trial. But he equally good wonders whether a political party tin exercise mediation strategically, disclosing data specifically as well as thence that the other side won't endure able to brand exercise of it later. Merpel's non certainly nearly this, though. Surely, if mediation breaks downwards as well as a trial ensues, if the data inwards enquiry is both confidential as well as relevant to the termination earlier the court, it would endure possible to instruct a disclosure social club for it anyway.

More on mediation here, here and here

Irma The Not-So-Douce

The IP newsletter of Irish Gaelic police line theatre Matheson Ormsby Prentice reports that IRMA, the Irish Recorded Music Association is next the Pb of its USA in addition to Great Britain cousins in addition to is chasing 17 individuals who accept engaged inward large-scale series file-sharing (i.e. 2,000 files or more, which is said to equate to 200 albums). Damages in addition to injunctive relief are the goal, but IRMA is starting amongst a bespeak for uncovering of the identities of its 17 targets.

notes that, despite its traditionally laid-back mental attitude towards copyright enforcement, Republic of Ireland tin no longer locomote regarded equally a haven for majority file-sharing.

Irma la Douce here in addition to (adults only) here

Albania Switches On To Copyright Treaty

is glad to study that the Republic of Republic of Albania has deposited its musical instrument of accession to the WIPO Copyright Treaty, which volition larn into into forcefulness inwards Republic of Albania every bit from six August 2005.

Agron Dingo, a modern Albanian artist

Albanian writers here and here
Albanian artists here and here

Latvia Signs Upwardly For Hague

The Republic of Republic of Latvia is pleased to notify the IPKat that it has ratified the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, which comes into strength for Republic of Latvia on 26 July 2005.

Latvia: non as well as thence rattling far from the Hague later all, it seems

Major Companies Conduct Maintain On Wireless Patent

Silicon.com reports that major reckoner companies Apple, Dell, HP, Intel, Microsoft together with Netgear bring come upwards together inwards an attempt out to invalidate a patent owned yesteryear Australia's Commonwealth Scientific together with Industrial Research Organisation (CSIRO). The patent covers technology scientific discipline used inwards WiFi together with are a lawsuit of inquiry that began inwards 1989. CSIRO original executive Dr Geoff Garrett has said

"As usage of our trouble organisation nosotros practice high lineament intellectual property, together with nosotros are prepared to defend it."

He has added that whatsoever royalties volition last reinvested inwards farther research.

Look – no strings!

says that this storey highlights nicely that potent IP rights tin operate to the detriment, likewise every bit the advantage, of big companies.

More on wireless technology scientific discipline here, here together with here

The World's Oldest Patent Attorney

C. Yardley Chittick, the USA's (and likely the world's) oldest patent attorney, has been awarded an honorary bird past times the Franklin Pierce Law Centre, according to NPR.

Mr Chittick was 104 inwards October.

says congratulations!

Being Followed Abode ...

After trekking domicile from final week's INTA Meeting inward San Diego, physically tired together with intellectually exhausted, what did the IPKat notice inward his postal service this morning time simply the Twelfth Annual International Review of Trademark Jurisprudence which is the alteration ego of the March-April 2005 effect of the Trademark Reporter. 54 jurisdictions -- excluding the US, which has its ain Annual Review -- are covered inward its 315 pages. can't aspect to larn reading, though generally he hopes he solely finds cases he already knows almost ...

More almost the Trademark Reporter here

Hi-Tech Copyright Roundup

brings you lot hi-tech copyright news!

*The People’s Daily reports that Red People's Republic of China is bringing into forcefulness Administrative Measures for Internet Copyright Protection on xxx May. The measures are beingness jointly issued past times the National Copyright Administration too the Ministry of Information Industry.

*The Local reports that Sweden’s Justice Minister, Thomas Bodström, has called for the Swedish Government to boot the bucket on amongst caution inwards passing novel DRM laws. He has said that consumers must live on able to brand copies of CDs that they accept bought for somebody use, too what’s more, the IFPI accept agreed amongst him. The Swedish Parliament is due to vote on passing novel laws inwards this expanse on 25 May.

is inwards favour of legislation that protects the legitimate rights of IP holders exactly that is subtle plenty to non penalise those who accept fair reasons for making role of the protected champaign of study matter.

More hi-techery here, here and here

Hello! Wins ... Together With Thence It's Goodbye, Damages

BBC has reported that Hello! magazine won its appeal against an guild of Mr Justice Lindsay that it had to pay arch-rival OK! magazine £1m inwards damages for using illicit ictures of Catherine Zeta Jones' wedding. Hello! admitted it used those photos to spoil competition OK's supposedly exclusive coverage (for which the latter paid quite handsomely). The trial judge's ruling that Hello! had breached the cinema stars' rights of privacy was yet upheld, leaving it to pay the publicity-conscious dyad the paltry amount of £14,600.

OK! may lose its damages, simply Ms Zeta Jones' appeal is undiminished

cannot believe that this dispute, which has already spawned a host of courtroom hostilities, volition cease before it gets to the House of Lords. Merpel says, "I wonder if Douglas together with Zeta Jones volition endure selling rootage rights to photos on the courtroom steps".

Full Court of Appeal determination here
Some before litigation arising out of the same sneak photos here, here, here, here, here, here and here

Hyperion Appeal Sinks

The Court of Appeal yesterday dismissed the appeal inwards Hyperion Records Ltd v Sawkins[2005] EWCA Civ 565.

At trial Mr Justice Patten held that recording fellowship Hyperion had infringed Sawkins' copyright inwards modern surgical operation editions of the plant of the obscure long-dead (and so out of copyright) French composer Lalande (1657-1726). Sawkins, a musicologist, carried out lots of interrogation into his plant together with created novel performing editions yesteryear making corrections together with additions to the notation necessary to brand the music playable. He too added or amended figured bass lines together with corrected incorrect notes, without genuinely "re-composing" Lalande's music together with contended that this was an application of his science together with labour which was entitled to copyright protection.

Hyperion, who produced a CD of music including recordings of performances using Sawkins' scores, was happy to pay a fee for providing the performing editions but refused to pay whatsoever royalties on the reason that an editor was non entitled to copyright inwards a performing edition of music that had fallen into the pulbic domain. Sawkins' claim that his performing editions were master musical plant was accepted at trial together with yesteryear the Court of Appeal.

According to the Court of Appeal, *

* the effort, science together with fourth dimension which Sawkins spent inwards making the performing editions were sufficient to satisfy the requirement that they should hold upward "original" plant inwards the copyright sense, fifty-fifty though Sawkins worked on the scores of existing musical plant that were out of copyright together with had no intention of adding whatsoever novel music of his own;

* Hyperion's defense forcefulness that Sawkins' operate was non "music" rested on an unduly narrow persuasion of what constituted "music" for copyright purposes, since the subsistence of copyright involved an assessment of the whole operate inwards which copyright was claimed;

Lalonde: jukebox idol at the fourth dimension of Louis XIV together with XV

* Hyperion's submissions ignored the fact that the totality of the sounds produced yesteryear the musicians was affected yesteryear the data inserted inwards the performing editions: the audio on the CD was non merely that of the musicians playing music composed yesteryear Lalande.

* if copyright subsisted inwards the performing editions, the performers who used Sawkins' scores reproduced the overwhelming bulk of the editorial interventions marked upward yesteryear him inwards his scores. If this was done without his authorisation, it infringed his copyright whether or non the performers included whatsoever additional textile was included yesteryear the performers.

* There was a breach of Sawkins' moral right to hold upward known every bit the writer of his operate nether s.77 of the Copyright, Designs together with Patents Act 1988 because the CD did non position Sawkins every bit the writer of the performing editions.

had no uncertainty that this appeal would neglect together with thinks the Court of Appeal conduct maintain got it right. He too notes that, although Lord Justice Jacob was sitting, the other 2 judges too managed to brand their voices heard (in Lord Justice Mummery's instance quite substantially).

A to a greater extent than recent musical Lalonde here

Greetings From Sd

One rattling fatigued IPKat is edging towards the terminate of a long, difficult INTA programme hither inwards San Diego. So many points to consider:

* What the electrical flow Dilution Bill inwards the U.S. of A. of America volition truly achieve;

* Who is supporting the Bill, in addition to why?

* The wisdom of the ECJ leaving in addition to thus much to national courts inwards its recent Gillette determination (on the piece of employment of the give-and-take rate GILLETTE yesteryear only about other manufacturer to betoken that its blades fitted Gillette blade holders). In particular, what happens if the mode this is done is regarded every bit honest commercial piece of employment inwards only about European Union States but non others.

is certain that these questions won't larn away in addition to looks forwards to giving them only about heavy idea inwards the most future.

Levi Reference

notes that a reference has been made to the ECJ from Kingdom of Belgium concerning the quest at which a mark's distinctivness must hold upwards assessed inward gild to qualify for the extended range of infringement protection nether Directive 89/104.

Coming Out Of The Cupboard 2

is delighted to denote that INTA is pushing ahead alongside plans to railroad train an active Trademark Professors group. The early on run has already been achieved (reduced charge per unit of measurement membership in addition to registration fees for academics in addition to students; pleasantly social breakfast, etc) merely in that place is to a greater extent than to do. What the IPKat wants (and what INTA wants too, it seems) is a forum where academic merchandise seat enthuasiasts in addition to thinkers tin come upwards together in addition to discuss, together alongside IP owners in addition to practitioners, issues inward merchandise seat police line that bind them -- fifty-fifty if their political, economical in addition to philosophical views are quite dissimilar from 1 another. Watch this weblog for to a greater extent than tidings in addition to contact details.

Coming Out Of The Cupboard 1

One affair the IPKat tin written report on is that yesterday was the twenty-four hr catamenia that Oxford University Press went public, announcing the forthcoming publication of a novel monthly police describe journal, the Journal of Intellectual Property Law as well as Practice. JIPLP volition endure fully functional every bit from Jan 2006 precisely a "taster" is beingness prepared for Nov 2005. If you're interested inward writing for it, contact IPKat co-owner Jeremy for farther details.

You Accept Non Been Forgotten...

has been in addition to thence busy at this week's International Trademark Association coming together inwards San Diego that he hasn't had the risk to create whatsoever serious blogging. He has nevertheless been roaming around, incognito, amidst the 7,500 participants, listening carefully to what they state in addition to picking upward all sorts of juicy information. He volition last fully dorsum inwards activeness side past times side week, simply inwards the meantime he volition create his best to post service things on the weblog for your delectation.

Finger Points To Ayala

Wendy's eating seat chain has solved the mystery of the finger allegedly found inward a bowl of chille. According to a study from the BBC the finger belonged to a identify unit of measurement friend of Anna Ayala, the adult woman whose claims together with trial against the nutrient outlet accept terms it millions of dollars inward lost sales, resulting inward the laying off of staff members.

Ms Ayala claimed she had bitten downwardly on the finger which she described every bit "kind of hard, crunchy". She said the incident had caused her "great emotional distress". She has since withdrawn her lawsuit. The fast nutrient chain has insisted all along that the finger did non originate at 1 of its establishments every bit no staff had lost a digit together with no suppliers had reported whatever paw accidents.

observes that franchises are ever to a greater extent than vulnerable to this assort of thing, since the construct advert is ubiquitous together with a slander on the reputation of simply 1 of its licensees tin rub off on all of them.

Edible fingers here , here and here
Inedible finger here

More Levi Strauss Questions For Ecj

A novel example has been referred to the European Court of Justice. It's Case C-145/05 Levi Strauss & Co v Casucci Spa, from the Cour de Cassation, Belgium. The curia website reads equally follows:

Reference has been made ... for a preliminary ruling inward the proceedings betwixt Levi Strauss & Co together with Casucci Spa on the next questions:

* For the purposes of determining the reach of protection of a merchandise grade which has been lawfully acquired on the dry reason of its distinctive character, inward accordance alongside Article 5(1) of Council Directive 89/104, must the courtroom direct maintain into concern human relationship the perception of Earth concerned at the fourth dimension when utilisation commenced of the merchandise grade or like sign which allegedly infringes the merchandise mark?

Levi Strauss -- together with the trousers he was never photographed piece wearing ...

* If not, may the courtroom direct maintain into concern human relationship the perception of Earth concerned at whatever fourth dimension later on offset of the utilisation complained of? Is it entitled inward item to direct maintain into concern human relationship the perception of Earth concerned at the fourth dimension it delivers its ruling?

* Where, inward application of the measure referred to inward the initiative of all question, the courtroom finds that the merchandise grade has been infringed, is it entitled, equally a full general rule, to lodge cessation of the infringing utilisation of the sign?

* Can the seat move unlike if the claimant's merchandise grade has lost its distinctive grapheme wholly or inward role later on offset of the infringing use, but exactly where that loss is due wholly or inward role to an deed or omission yesteryear the proprietor of that merchandise mark?

looks peculiarly forrad to the respond to the initiative of all of those questions: the human relationship betwixt the reach of protection accorded to a merchandise grade together with the perception of Earth has already been considered inward price of the 'principle of proportionality' (the better-known the mark, the broader the protection), but world perception of a grade is non a constant: it may vary inward accordance alongside such factors equally the nature of the utilisation made of it yesteryear its possessor or others, the presence or absence of competitors together with then on. Merpel asks, why are questions to the ECJ ever couched inward such strong together with formal terms, together with does it matter? The ECJ is quite happy to rewrite the questions then that it tin laissez passer on notice laissez passer on the answers it thinks the referring courtroom should want.

The Ipkat...

...wishes practiced luck to all his readers who are taking exams.

Oops, One Did It Again

Songwriter Steven Wallace is accusing Britney Spears of copyright infringement earlier the Indianapolis District Court according to the BBC. Wallace did non register his copyright when he wrote the song. Instead he performed a "poor man's copyright" past times putting the lyrics inwards a sealed envelope in addition to them posting them to himself inwards lodge to obtain a postmark. The lyrics of the 2 songs are well-nigh identical in addition to Wallace claims to hold upwards inwards possession of an electronic mail inwards which Spears admits to copying the song.

isn't certain what the betoken of having a copyright register is if those who don't register are entitled to the same protection anyway.

Buena Vista Anti-Social Club?

The Metro reports that the familities of the songwriters featured inward the Buena Vista Social Club is seeking compensation inward the U.K. High Court from Peer International Corporation, who claims that it bought the copyright to diverse songs featured inward the cinema inward the 1930s. The families even as well as then claim that the artists were non properly paid. PIC even as well as then claims that it develop accounts inward favour of the signers later the US merchandise embargos made it possible to pay the funds straight to Cuban artists as well as claims that the beneficiary hither would live on the Cuban Government.

thinks that this representative is worth making a vocal as well as trip the lite fantastic about...

Don't Forget To Say Hello

Next calendar week the IPKat's owners Jeremy as well as Ilanah volition both travel assist the International Trademark Association's 127th Annual Meeting in San Diego. If you're going to travel there, don't forget to state hello.

If you're non going to travel there, delight travel patient. It tin travel hard keeping a adept catamenia of bloggables going when you're jet-lagged, submerged inwards a crowd of 7,000 intellectual belongings enthusiasts as well as struggling to cry upwards that inwards the United States of America everyone seems to travel driving on the incorrect side of the route ...

Patent Bloggers Tumble The Beans

's friend Chris Rycroft has unearthed a delightful the US patent blog: Patent Baristas. Hosted yesteryear Ohio-based Frost Brown Todd patent attorneys Stephen R. Albainy-Jenai in addition to Karlyn A. Schnapp, Patent Baristas has been going for only a couplet of weeks. Sharp, stylish, keenly-written in addition to well-informed, this looks similar a spider web log to watch.

It's Non Inward English ...

... Czech, Hungarian or Maltese, exactly it's made its trend into all the other official languages of the European Union. is of class referring to Case T-31/03 Grupo Sado SA v OHIM, Sadia SA. It looks to him similar a "likelihood of confusion" opposition. The applicant's rank is on the left as well as the opponent's is on the right.

.

Both parties bargain inwards goods as well as services inwards Classes 29, 31 as well as 35.

Flaunting his fluent ascendancy of Latvian, the IPKat tin plough over the sack enjoin you lot that the courtroom get-go decided to "prasību noraidīt"; then, to last on the condom side, it every bit good "prasītāja atlīdzina tiesāšanās izdevumus". Merpel says "Who are you lot kidding, fatty cat? All you lot tin plough over the sack beak is English linguistic communication as well as Purr-sian. But if the Curia website won't plough over us the ruling inwards English, possibly approximately variety Latvian (or Greek or Portuguese) would last thence variety every bit to explicate ..."

Shared Letters Produce Non A Conceptual Similarity Brand ...

Also decided past times the Court of First Instance today was Case T-390/03 CM Capital Markets Holding SA v OHIM, Caja de Ahorros de Murcia. CM applied to register this figurative compass every bit a Community merchandise compass for goods as well as services inwards Classes 1 through to 42. The opponent challenged this, citing its before Castilian rights inwards this compass for services inwards Classes 35, 36, 38 as well as 42. The Opposition Division upheld the opposition inwards honor of sure enough services inwards Classes 35, 36, 38 as well as 42 on the terra firma that at that spot was a likelihood of confusion betwixt the ii marks inwards Spain. The Board of Appeal disagreed as well as threw the opposition out, as well as then the opponent appealed to the CFI.

The CFI, dismissing the appeal, agreed alongside the Board of Appeal that at that spot was no likelihood of confusion, fifty-fifty inwards Spain. The fact that both marks shared the initials "CM" did non brand them conceptually similar for the real practiced argue that the CM inwards each illustration stood for something quite different.

agrees alongside this reasoning. It would endure curious if, for example, inwards the Great Britain the role of the letters "AA" suggested a conceptual similarity if the users were, respectively, the Automobile Association and Alcoholics Anonymous.

Cfi Trumps Carte Du Jour Application

The Court of First Instance of the European Communities ruled today inwards Joined Cases T-160/02 to 162/02 Naipes Heraclio Fournier v OHIM, French Republic Cartes SAS. Naipes applied to register these 3 pictures equally figurative Community merchandise marks for playing cards:



It after appeared that these images were amidst 23 such marks for which Naipes obtained CTM registration. Reversing the determination of the Cancellation Division, the Board of Appeal declared the registrations to survive invalid: they were both devoid of distinctive grapheme inside the pregnant of Article 7(1)(b) of Regulation 40/94 as well as descriptive inwards the feel of Article 7(1)(c), inwards that they would survive seen past times the average user of such playing cards equally representing characteristics of Castilian playing cards.

The Court of First Instance dismissed Naipes' appeal. In the court's ain words:

"47 ... the designs of the knight of clubs as well as the Rex of swords lead conjure upwards playing cards for the target public, fifty-fifty if a department of that world is non necessarily acquainted amongst Castilian playing cards. All persons who induce got played amongst whatever type of cards position inwards those drawings the representation of a playing card, given that the Rex as well as the knight are oftentimes used symbols on playing cards. That finding is non invalidated past times the fact that the department of Blue Planet unacquainted amongst Castilian playing cards is non necessarily capable of making a lead connectedness betwixt these drawings as well as the specific adapt as well as value of each of these 2 cards.

48 In whatever event, inwards the hear of the Castilian public, the drawings inwards interrogation lead designate the precise adapt as well as value of 2 Castilian playing cards. The potential Castilian consumer of playing cards volition perceive each of the signs inwards interrogation equally alluding to a specific card.

49 ... equally the applicant points out, although at that spot are numerous unlike representations enabling cards of a sure enough adapt to survive identified, every labor manufacturing as well as marketing Castilian playing cards of necessity uses the symbols of the knight as well as the gild to position the bill of fare having the value eleven of clubs or those of the Rex as well as the sword to position the bill of fare having the value 12 of swords. The applicant’s declaration that at that spot is no dominion or restriction at all equally to the form, adapt or details characterising the figures inwards the Castilian pack of cards cannot hence survive accepted.

50 Moreover, ... [Article 7(1)(c)] ... does non ... request that those signs or indications should survive the alone fashion of designating such characteristics ... The possibility of designing a knight, a king, a sword or a gild slightly differently hence does non detract from the fact that the marks inwards interrogation are descriptive of characteristics of playing cards.

51 Accordingly, as well as inwards special for the Castilian public, at that spot is a lead as well as specific association betwixt the marks inwards interrogation as well as playing cards".

, who agrees, is all the same baffled equally to how these misfortunate marks could e'er induce got been accepted for registration inwards the outset place.

More than yous e'er wanted to know well-nigh playing cards here, here and here
Card games here and here

Here's A Scary Ane ...

If yous e'er idea yous were clever, now's the fourth dimension to seat your intellect to the test. Oxford University Press has of late launched a new periodical, the Journal of Competition Law & Economics. Published quarterly in addition to edited yesteryear Damien Geradin in addition to J. Gregory Sidak, it promises in-depth economical analyses of contest law, together amongst economical papers relevant to legal theory in addition to practice.

This is what it feels similar to last able to grasp economic science and competition police line ...

What does the novel periodical convey for IP enthusiasts? Well, the editorial board includes Richard Posner (US Court of Appeals), Stephen Kon (SJ Berwin), Nick Green QC (Brick Court Chambers) in addition to John Temple Lang (Cleary Gottlieb Steen & Hamilton) -- all existence names that are to the lowest degree familiar to many members of the intellectual belongings community. Issue 1 was non for IP lawyers, though the information technology fraternity would convey appreciated the lengthy empirical analysis yesteryear Jerry A. Hausman in addition to J. Gregory Sidak of the competitive comport upon of compulsory unbundling of telecoms services. This genuinely sets the IPKat thinking: since this is genuinely much to a greater extent than of an economists' periodical than a lawyers' one, it would last useful for lawyers if a tabular array could last published inwards each issue, listing the primary legal measures in addition to cases referred to. This volition brand certain that they don't missy the issues they desire to read because they haven't grasped the terminology inwards which they're clothed.

May Mip

The May 2005 effect of Euromoney Publications' Managing Intellectual Property, all 100 pages of it, is similar a shot on the streets. As usual, at that topographic point are to a greater extent than or less fascinating features inward it. Items published this May, simply inward fourth dimension for the International Trademark Association's Annual Meeting inward San Diego, include the following:

* Ethan Horwitz together with Karen Weinberger (Goodwin Procter) explicate how to wake upward your dormant brands -- assuming that your brands are dormant, that is ...

* "Never Mind the Quality, Feel the Pinch" is a tough review of United Kingdom of Great Britain together with Northern Ireland merchandise score litigation costs yesteryear SJ Berwin's merchandise score litigator Ray Black;

Ray Black: to a greater extent than or less suggestions for cheaper, quicker merchandise score litigation inward the UK

* David Morris (Slaughter together with May) analyses issues arising inward the battle betwixt United States of America of America nutrient giant Hormel together with a Dutch Antilles belongings fellowship over their respective SPAM together with SPAMBUSTERS merchandise marks;

* Adam Jaffe together with Josh Lerner, authors of Innovation together with Its Discontents (Princeton University Press, 2004), build proposals for the improvement of the United States of America of America patent system.

In add-on at that topographic point are features yesteryear both co-owners of the IPKat. Ilanah has written a review of the yesteryear year's primal European Court of Justice decisions on merchandise score registrability, piece Jeremy has focused on to a greater extent than or less of the to a greater extent than challenging merchandise score decisions inward Europe's national courts.