Trade Marks Inwards All Their Glory

First Arsenal v Reed, directly Rangers v Gallacher

is grateful to Hector McQueen of Edinburgh University, who sent him this morsel from his Scots Law News service:

On 17 Feb 2006 Sheriff Craig Scott of Glasgow acquitted Joseph
Gallacher of criminally infringing the registered merchandise marks of
Glasgow Rangers FC past times selling hats in addition to scarves bearing the word
“Rangers” or an “RFC” monogram without whatsoever licence from the companionship to
enable him to produce in addition to thus (see Dyer v Gallacher 2006 GWD 7-136). This was Mr
Gallacher’s instant acquittal inwards a representative of this form – encounter previously No
221 - in addition to was likewise despite developments inwards the mainstream representative police in
this expanse since the commencement case, inwards item the decisions of the
European Court of Justice in addition to the English linguistic communication Court of Appeal that the use
of marks equally badges of affiliation, back upward in addition to loyalty is none the less
trade grade utilisation (see Arsenal FC plc v Reed [2003] RPC (9) 144 (ECJ);
[2002] EWHC 2695 (Ch, Laddie J); [2003] RPC (39) 696 (CA)).

Sheriff Scott idea that the critical number was whether the utilisation complained of
in the representative earlier him was liable to jeopardize the guarantee of origin
which was the mark’s essential function, in addition to that the testify was
insufficient to constitute this. Scots Law News suggests respectfully
that this is only wrong law, soundless sympathetic it may last to the
outcome of the actual case. Mr Gallacher remarked: "This was a big,
big victory for myself in addition to other street traders. Trade grade laws are a
complex issue. Once again, at that topographic point has non been a watertight representative before
it has come upward to court." He should bask it acre he can.

The amount text of the judgment is available here

Don’t forget…

Tomorrow (Monday 27 March) at 5.30pm Judge Fysh is speaking at QMIPRI close 'Consenting to Parallel Imports: is Economic Linkage the Correct Test?'

All are welcome in addition to no donation/loan/bribe is necessary, but delight RSVP to Ilanah.

Ipkat At Ip/Competition Forum

On Fri i one-half of the IPKat spent a pleasant twenty-four lx minutes catamenia inwards Oxford at the IPI/Oxford Intellectual Property Research Centre/University of Oxford Centre for Competition Law in addition to Policy IP Forum. The bailiwick was Intellectual Property in addition to Competition Law: Contemporary Issues.

Highlights included:

* Professor Steve Anderman (Essex) on the IP/competition constabulary interface in addition to how the 2 areas of constabulary bargain alongside the interface
* Professor Stefan Szymanski (Imperial) giving the economist’s sentiment of IP in addition to contest alw, in addition to final that Earth stimulate got a pretty bleak sentiment of IP in addition to and hence to a greater extent than erosion of IP constabulary past times contest constabulary is likely.
* Christine Greenhalgh (Oxford) on her in addition to Mark Rogers’ (also Oxford) empirical interrogation on the interaction of competition, R & D in addition to IP
* Dr John Temple Lang (Cleary Gottlieb Steen in addition to Hamilton LLP, Trinity College Dublin in addition to Oxford) on whether pre-standard royalty talks in addition to royalty obligations breach Art.82 EC
* Alden F Abbott (FTC) on the US in addition to peculiarly the FTC’s mental attitude to diverse arguably uncompetitive IP-related hot potatoes
* Josef Drexl (Max Planck) on the desirability of international contest constabulary rules to gibe the international IP norms.
* Allen northward Dixon on the contest constabulary problems that practitioners are probable to face

While the IPKat constitute the twenty-four lx minutes catamenia illuminating, he got a combat dispirited past times the pathological approach of essentially all the speakers. The focus was squarely on how contest constabulary tin stride inwards when IP rights are beingness misused. would stimulate got liked to stimulate got seen to a greater extent than emphasis on the mode inwards which IP constabulary already tried to stimulate got the interests of competitors into account, in addition to whether contest lawyers mean value that IP constabulary is doing a skillful project of this. In particular, the IPKat would stimulate got been interested to know what a contest lawyer would stimulate got made of the merchandise grade constabulary concept of the existent in addition to serious demand to perish along for sure marks gratis for other competitors to purpose in addition to the idea/expression dichotomy. There was roughly mumbling well-nigh IP rights given to ‘undeserving’ bailiwick thing such every bit databases in addition to the Magil-type compilation, exactly the fact that we’ve arguably got inwards incorrect inwards these particular areas doesn’t hateful that at that spot isn’t sound, competition-based reasoning at travel inwards the view of the ‘core’ IP rights.

also noticed a style amidst the contest lawyers to sentiment IP rights every bit the equivalent of tangible holding rights. This is an oversimplification, peculiarly when i looks at the limited ways inwards which for sure IP rights tin last infringed. This mightiness travel to the wages of IP lawyers since contest lawyers seem to recognise that holding rights are necessary inwards our economic scheme exactly it’s difficult to run across how the analysis tin last accurate if it starts on an supposition well-nigh a highly debatable premise.

The Lawyers Slumber Tonight; Copycat Guess Steps Down

this CNN item. It tells the tale of 3 South African daughters of the human being who wrote the vocal "The Lion Sleeps Tonight": they get got precisely won a six-year battle for royalties inward a landmark illustration that could send on musicians worldwide.

The father, Solomon Linda, died inward 1962 at the immature historic menses of 53. He composed his now-famous vocal inward 1939, inward a hostel that housed dark migrant workers inward Johannesburg. According to occupation solid unit of measurement lore, he wrote the vocal inward a affair of minutes in addition to was inspired yesteryear his childhood tasks of chasing prowling lions from the cattle he herded. In keeping amongst Zulu tradition the vocal was sung reports that a magistrate has temporarily stepped downward after large slabs of a colleague's judgment were included without attribution inward a determination that took to a greater extent than than 3 years to deliver. Jennifer Rimmer also failed to inform the parties that she afterward altered her judgment; she has nonetheless agreed to convey 2 months' leave, during which she volition undergo counselling.

Fellow magistrates blew the whistle on the 44-year-old, who was appointed from the Family Court registry inward Nov 2001. Within months she was complaining close the workload in addition to requesting to a greater extent than resources. The Chief Federal Magistrate, John Pascoe, said the court's Internal Judgement Committee told him final May that her determination inward a sexual harassment illustration involving a Brisbane hotel had lifted primal parts of a sentence yesteryear a Melbourne magistrate, John Walters.

The illustration was heard on 31 Nov 2001 [the IPKat says, oh no it wasn't- there's no such date], but Ms Rimmer did non mitt downward her determination until 1 Apr of final year. After repeated requests from Mr Pascoe, she altered her sentence to incorporate attribution, but failed to alarm the parties — a remarkable lapse for a judicial officeholder in addition to a fact of which Mr Pascoe says he became aware entirely 2 weeks ago. According to Mr Pascoe:

"The job of cloth without attribution ... is merely unacceptable inward all areas of professional person life".

says Jennifer should come upwardly to England. There, s.45(1) of the Copyright, Designs in addition to Patents Act 1988 says: "Copyright is non infringed yesteryear anything done for the purposes of parliamentary or judicial proceedings". Should live on alright there, then. Merpel adds, there's also an interesting enquiry whether a gauge tin assert his or her correct to live on known equally the writer of a judgment (and so live on entitled to attribution yesteryear a subsequent gauge ... More to the point, should nosotros post copyists away on locomote out in addition to compass them counselling?

Flint Review; Grunberger Bottle Score Invalid

here as well as (for German-speakers who similar pretty pictures of bottles) here

Apple Calls For Fairplay From French; Sounds Similar; Translation Watch

ruling in the Magill example as well as you've got a tough environs for marketplace leaders who desire to retain their marketplace control.

here).

here), simply the Opinion is non inward English. Can whatsoever sort reader pose this Kat out of his misery as well as enjoin him what's going on?

O2 5 Hutchison

Mr Justice Lewison has delivered a monster-sized judgment in the O2 v Hutchison comparative advertising case. The decision at the halt of his 223 paragraph judgment [is this a novel tape for a merchandise score case?] is:

1. O2's bubble marks are valid. They don't lack distinctiveness;
2. While at that topographic point was prima-facie s.10(2) (confusion-based infringement), Hutchison had a defense strength nether the Comparative Advertising Directive;
3. There was no s.10(3) (dilution-based) infringement, together with fifty-fifty if at that topographic point had been, Hutchison would select been covered yesteryear a Comparative Advertising Directive defence.

volition convey yous to a greater extent than when he's had fourth dimension to read the case. H5N1 skim-through shows that all our onetime favourites are there, including Arsenal v Reed, Johnstone and Philips v Remington.

... Together With Here's Around Other One; Ruddy Bull, Ruddy Faces?

this exceptional about the renaming of sports teams. It opens:

"Sports fans gain got long been accustomed to stadiums as well as arenas taking on corporate build names. Consider Busch Stadium, where the St. Louis Cardinals play, the Washington Redskins's FedEx Field and, of course, the domicile of the Houston Astros, known briefly every bit Enron Field.

But the recent buy of a Major League Soccer squad past times the unloose energy drinkable companionship Red Bull has taken naming rights a footstep further. This month, the soccer squad formerly known every bit the MetroStars converted to the New York Red Bulls.

It is a advert alter that some marketers promise volition opened upwardly a novel forepart inwards the commercialization of professional person sports. Red Bull, which is based inwards Austria, paid the Anschutz Entertainment Group to a greater extent than than $100 1000000 this calendar month for the rights to the MetroStars club, a portion of a planned stadium as well as the stadium's naming rights.

The squad forthwith acquired the Red Bull name, as well as at the opening game on Apr 2, players volition don jerseys bearing the Red Bull logo".

was already getting a niggling worried past times something at this betoken - exactly then was the writer of the article, who writes:

"But at that spot are also potential pitfalls for marketers: What if the brand, or the team, goes south?

"The opportunity is, What happens to the squad when a production starts selling badly?" said Allen Adamson, managing manager of Landor Associates, the build as well as corporate identity means that is purpose of the Young & Rubicam Brands partitioning of the WPP Group. "It is a rattling risky strategy. Especially when yous direct something that's both an unloose energy drinkable as well as an alcoholic mixer."

The obvious danger of the straight association is that the companionship cannot easily disassociate from the team, or vice versa, Mr. Westerbeck said.

"The squad actually goes out as well as becomes a build ambassador for the product," he said, adding that spell naming rights on stadiums are oftentimes changed, it would move to a greater extent than hard to alter a squad name. "The name, of course, tin dismiss move changed again, exactly correct at nowadays it's similar a tattoo"".

says, that could easily move a instance of Red Bull. Red Faces. Merpel notwithstanding is at nowadays speculating on other forms of tie-in, for instance the police trace theatre that takes on the build advert of 1 of its clients. Might nosotros await such treasures every bit Finnegan Henderson & Winnie the Pooh (F&H gain got done move for Walt Disney, later all), or Fross Zelnick Maidenform Muppet ...