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
Kamis, 30 Oktober 2003
Rabu, 29 Oktober 2003
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
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
Selasa, 28 Oktober 2003
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
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
Senin, 27 Oktober 2003
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
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
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