Rabu, 16 Juni 2004
Trade Names? You Lot Must Locomote Joking
New Scientist's Feedback column for 1 June lists around deliciously (in)appropriate trouble concern names, or "antinyms" equally they accept considered dubbing them. They include the Impact driving school, 2 airlines (Penguin and Emu) named afterward flightless birds, a safety fellowship named Lowe Security together with the Nessun Dorma (the Italian for "no-one sleeps") invitee house.
suspects that Earth finds these names non but memorable but sweetly enduring. Choice of antinyms such equally these is equally good less probable to depict a trouble concern into refer conflicts amongst its competitors than the endlessly allusive/descriptive names that many industries appear to favour these days (despite the frequently-experienced difficulty inward registering them equally merchandise marks).
Funny (and not-so-funny) names for people together with businesses here, here and here
Funny names for molecules and places
Selasa, 15 Juni 2004
Why T&T Merchandise Order Registry Can’T Magic Registrations Into Existence
The Privy Council ruled yesterday on an appeal from Trinidad & Tobago inward Cigarrera Bigott SUCS 5 Phillip Morris Products Incorporation as well as unopen to other [2004] UKPC 28. This representative arose after Phillip Morris Inc applied to register the discussion BELMONT equally a merchandise score for tobacco products. After the application was refused as well as next an internal reorganisation, Phillip Morris Inc assigned diverse assets to PMP asked the registrar to substitute it equally applicant inward honor of that application. The registry staff, accepting that asking equally an ordinary asking for registration yesteryear an assignee of the mark, didn’t topographic point that in that place was no registered score to assign as well as issued a certificate of assignment stating that PMP had been entered on the register equally proprietor of the score yesteryear virtue of the assignment. Under the constabulary of Trinidad as well as Tobago, that certificate served equally prima facie evidence of the entry inward the register which it recorded. However, PMP continued to believe that the score had non been registered as well as that the application remained pending. Bigott after applied successfully to register BELMONT. PMP filed an opposition to the application inside the extended menstruation allowed to it yesteryear the registrar as well as Bigott sought a conclusion that PMP was irretrievably out of fourth dimension inward seeking to oppose the application. The deputy registrar constitute inward Bigott’s favour whereupon PMP appealed, disceptation that it was the registered proprietor of the mark. This appeal was upheld as well as that judgment was affirmed yesteryear the Court of Appeal of Trinidad as well as Tobago.
Bigott’s appeal to the Privy Council succeeded. That courtroom ruled that, on its truthful construction, the register did non prove registration of the score inward PMP’s name. The register contained no entry of the actual registration, precisely alone an entry of an assignment as well as it was clear that the entry was concerned alone amongst an assignment of the application, non amongst an assignment of a registered mark. It was likewise apparent that the master copy application had been neither accepted nor advertised. That beingness so, the registrar had no jurisdiction to register PMP equally proprietor. Accordingly, Bigott should last registered equally BELMONT’s proprietor instead.
notes that, fifty-fifty inward the post-colonial era, the Privy Council tin come upwardly up amongst unopen to pretty effective as well as sensible reasoning when righting wrongs perpetrated inward far-flung colonies yesteryear merchandise score registries who tin magic a merchandise score registration into existence via the certification of the assignment of an application.
Why Tobago is called Tobago here und hier
Kazaa Deemed Confusingly Like To Casa
The Register reports that Sharman License Holdings, the society behind the controversial P2P utility in addition to search engine Kazaa, has been unable to obtain the registration of its merchandise grade nether the Community merchandise grade system. Kazaa may fifty-fifty convey to modify its mention inwards Germany. FastTrack, the society that developed Kazaa in addition to thence sold its rights to Australian society Sharman, had previously lost a Community merchandise grade opposition against High German society SpeedWare Software GmbH, which claims that inwards the High German linguistic communication the mention Kazaa is phonetically similar to Casa, the merchandise grade it uses for (database) search software.
FastTrack applied to register KAZAA dorsum inwards 2000 amongst OHIM, the Office for Harmonisation inwards the Internal Market, which registers Community merchandise marks in addition to Community designs. SpeedWare Software GmbH (which straight off operates nether the mention of Nemetschek CREM Solutions) vigorously opposed the Kazaa application, claiming that a likelihood of confusion existed equally the marks were phonetically the same in addition to the goods/services for which Kazaa was sought to hold out registered were identical or similar". Sharman disagreed, argument that the minute syllable of CASA started amongst the missive of the alphabet 's', piece the grade applied for KAZAA contained the quite odd missive of the alphabet 'z', Sharman argued. Moreover, the double missive of the alphabet 'a' was atypical inwards the High German language. From a phonetic betoken of view, CASA is pronounced equally the Castilian give-and-take 'casa', amongst the emphasis on the kickoff syllable 'ca' in addition to a soft in addition to curt audio for the minute syllable. OHIM, however, concluded that the merchandise marks were indeed phonetically similar inwards the High German language. Now that FastTrack/Sharman’s CTM application has failed, the society may straight off convey to apply its build mention individually inwards each fellow member state. More importantly, it tin hold off opposition from Nemetschek CREM Solutions inwards Germany.
understands how frustrated FastTrack/Sharman must be, given the fact that the KAZAA build mention is hugely known simply about the world, piece the prior-registered CASA grade is not. He wonders whether FastTrack/Sharman volition appeal on the footing that it is equally good famous a grade to hold out probable to hold out confused amongst the before mark.
Confusion here, here and here
ConFusion here and here; Confucius here and here
Senin, 14 Juni 2004
Do Parallel Imports Order A Direct Chances To Uk Patients?
A brief banking venture annotation inwards the Metro (no link available) reports that a Social Market Foundation report that came out on Mon claims that the NHS practise of parallel importing drugs from other European countries could set UK of Britain in addition to Northern Republic of Ireland patients at run a endangerment for two reasons: (1) it’s to a greater extent than hard for medicines to hold upward recalled if a employment is flora alongside a item batch in addition to (2) human mistake is possible where a unusual linguistic communication on the master copy packaging is translated when the production is repackaged to enable it to penetrate the UK of Britain in addition to Northern Republic of Ireland market.
has had a expect at the Social Market Foundation’s website, simply could non abide by the paper, though he did abide by this trial which took house on Monday. While he hasn’t seen the paper, his instinct is to process the study alongside a slight grade of scepticism until it is shown that the run a endangerment of the negative consequences identified outweighs the benefits to hold upward obtained from to a greater extent than people gaining access to the medicine because it is to a greater extent than cheaply priced.
More mistranslations here, here, here in addition to here
Fat Cats Wing Due South On Burger Sponsored Gravy Train
Ananova reports that a grouping of British Members of Parliament has come upwardly nether burn downwards for going on a gratis trip to come across the Euro 2004 football game tournament, courtesy of McDonald's. The grouping of 17 MPs ― xvi Labour in addition to i Conservative ― includes Alan Simpson, who lately called for a taxation on fast food. The £20,000 trip comes merely days subsequently MPs called on the Football Association to drib McDonald's every bit a sponsor. According to the Sunday Mirror others inwards the grouping include Trade Minister Gerry Sutcliffe in addition to Ed Owen, a unopen ally of Foreign Secretary Jack Straw.
The MPs, job of the All-Party Parliamentary Football Group, are paying the facial expression upwardly value of the 2 matches they are seeing, which include the highly prized England-France match. The toll of the flights in addition to four-star hotel accommodation is existence dissever yesteryear McDonald's in addition to the Portuguese authorities. The MPs are reported to live on playing a charity game of football game against Portuguese politicians, from which McDonald's charities volition benefit. Dr Steve Watkins, of the British Medical Association's populace wellness committee, said:
“For members of parliament to allow their names to live on linked to promote fast nutrient is seriously irresponsible."feels that, any the wellness behave on of their products on Britain’s obese youth, McDonald’s tin flame hardly live on blamed for using build sponsorship to maximum commercial in addition to political effect. At present, exclusively cigarette sponsorship of sports events is strictly regulated, but in that place must live on enough to a greater extent than things that are bad for your health: volition the sports live on discouraged from taking their coin too?
McDonald’s here; I’m lovin’ it here and here; I’m non lovin’ it here, here and here
Things that are bad for your wellness here, here and here
Minggu, 13 Juni 2004
The Rootage Takes The Rap Every Mo Eminem Sues Again
The rapper Eminem seems to endure turning into a voracious litigant. His latest foray into the wonderful globe of copyright proceedings has resulted inward hip-hop magazine The Source being flora inward contempt of courtroom for publishing the sum lyrics to ii of the rapper’s songs, according to the BBC. The songs, which allegedly accept racist overtones, were written past times an 18 year-old Eminem. He claims that they were composed every 2nd a foolish as well as hot-headed reply to breaking upwards amongst a dark girlfriend. However, the magazine claims they are racist as well as offensive to dark women. In December, Judge Lynch flora that The Source could rely on a fair-dealing defence, simply that this alone entitled them to reproduce 8 lines of the song. Nonetheless, the magazine reproduced all the lyrics on its website as well as the recordings as well as Eminem sued for copyright infringement. On Thursday, Judge Lynch flora inward Eminem’s favour. It is claimed that the litigation is business office of an ongoing spat betwixt Eminem as well as the founder of the source who is likewise a rapper.
feels that piece it’s a skilful thought for the quoting of sections of a locomote to endure allowed to enable it to endure credibly reviewed, he wouldn’t desire to run across the fair-dealing defense used every 2nd a encompass for mortal to reproduce the locomote to enable him to compete amongst the master author.
Eminem lyrics here
Eminem here
M&Ms here
Jumat, 11 Juni 2004
Ipkat Translation Watch: Decease On Taking The Tablets
Anyone who wants to read the ECJ's conclusion inwards the Henkel dishwasher tablets cases (C-456/01 together with C-457/01) together with has been frustrated to notice that it's still non available inwards English linguistic communication on the ECJ website volition endure glad to know that the IPKat has industrial plant life an English linguistic communication version on the OHIM website - click here to become through to it.
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