Siemens Loses Simantec Reference; Onion Blowing Inwards The Wind

Competitor's purpose of identical guild is lawful

has been pondering Case C-59/05 Siemens AG v VIPA GmbH, decided yesteryear the European Court of Justice on the Th of lastly week.

In 1983 Siemens, who made as well as sold SIMANTEC programmable controllers, introduced a arrangement of guild numbers for the controllers as well as plus components. VIPA made as well as sold components that were compatible alongside SIMANTEC controllers. From 1988, VIPA employed an identification arrangement that was virtually identical to that of Siemens. Siemens sued VIPA for merchandise grade infringement, alleging that VIPA took unfair wages of the reputation of its products. The High German Bundesgerichtshof, seeking guidance on Council Directive 84/450 on misleading as well as comparative advertising, stayed the proceedings as well as referred to the European Court of Justice the query whether, yesteryear using inwards its catalogues the inwardness elements of a manufacturer’s distinguishing grade which was known inwards merchandise circles, a competing supplier was taking unfair wages of the reputation of that distinguishing grade inside the pregnant of Article 3a(1)(g) of Directive 84/450.

The courtroom ruled equally follows:

"Article 3a(1)(g) of Council Directive 84/450 [as amended] must live interpreted equally pregnant that, inwards circumstances such equally those inwards the primary proceedings, yesteryear using inwards its catalogues the inwardness chemical element of a manufacturer’s distinguishing grade which is known inwards specialist circles, a competing supplier does non have got unfair wages of the reputation of that distinguishing mark".

There was no unfair wages because

* the competing products were aimed at a specialist world which was much less probable than terminal consumers to associate the reputation of Siemens' products alongside that of VIPA's;

* the purpose of VIPA's acronym inwards its ain guild numbers (eg Siemens' 6ES5 928-3UB21 production guild number, corresponding to VIPA's VIPA 928-3UB21) made it possible to distinguish betwixt the parties' respective products, thence preventing a faux impression beingness given either equally to the root of VIPA's products or equally to at that spot beingness whatever association betwixt VIPA as well as Siemens.

says this conclusion is uncontroversial: it's inwards business alongside before ECJ rulings inwards Cases C-112/99 Toshiba Europe [2002] ETMR 26 as well as C-44/01 Pippig Augenoptik [2004] ETMR 5. Merpel agrees as well as adds, this illustration didn't accomplish the ECJ till Feb 2005 as well as was disposed of only 1 twelvemonth later: that shows it can't have got caused the courtroom likewise many headaches.


Naming winds

This delightful slice appears inwards The Onion:

National Weather Service To Give Hurricanes Full Names

The National Weather Service announced Fri that, inwards answer to the increasing release of hurricanes, it is revising its naming system. "The hundreds of hurricanes nosotros facial expression inwards the North Atlantic inwards 2006 volition have both proper as well as surnames", Max Mayfield of the conditions service said. "In fact, tropical storms Alberto Fergus, Beverly Stenwick-Brown, as well as Chris Stubbs Jr. have got already received names nether the novel system". After all possible first off as well as lastly names are exhausted, storms volition live given titles, first off alongside Hurricane Assistant Accounts Manager Alexander Epps, CPA.

This gives the IPKat an idea: how well-nigh selling the naming rights to the highest bidder? He suspects that hurricanes named after mothers-in-law, politicians as well as sports personalities would cyberspace a skilful bargain of revenue for the relevant licensing authorities. There powerfulness fifty-fifty live a WIPO-led initiatory on the protection of rights inwards hurricane nomenclature. Maybe, says Merpel, but some people associate WIPO to a greater extent than alongside hot air than alongside hurricanes ...

Naming of hurricanes here; naming of cyclones here; The Tempest here
Blowin' inwards the Wind here
Wind sufferers click here