http://ipkitten.blogspot.com/2019/07/never-too-late-if-you-missed-ipkat-last.html

Catch up with the recent developments in the IP world with the latest edition of Never Too Late!

Trade marks

In Neymar scores at EU General Court: “Neymar” trade mark declared invalid due to bad faith registration, GuestKat Nedim Malovic analyses the application made for the word mark “Neymar”in class 25 as an EU trade mark by Mr Carlos Moreira.

InternKat Antonella Gentile looks at the CJEU decision in Hansson, C-705/17 in The slow disappearance of disclaimers: the CJEU decision in Hansson, C-705/17. A must read if you’re concerned about provisions regarding disclaimers.

Katfriend Jian Xu provide his commentary and a summary on the 4th amendment to Chinese Trade Mark Law in China introduces ‘intent to use’ to combat trade mark squatting in its recent law amendment.

The long awaited decision of the General Court on Adidas’ three-stripe mark has been analysed and summarised by Eleonora Rosati in General Court confirms invalidity of (one of the) adidas three-stripe mark(s). Another decision showing how pertinent evidence is during the lifetime of a trade mark.

Copyright

This kitten is wondering the
same questions…

In a guest post, Katfriend Hugo Cox, covers the recent judgment in ATB Sales v Rich Energy in the Intellectual Property Enterprise Court, highlighting the significance of copyright law in the protection of brands.

Katfriend Riana Harvey takes a look at the recent decision of the US  Copyright Office Review Board which answered the question whether iconic trainers be eligible for copyright protection. In Yeezy Boost 350 shoes may be registered, says US Copyright Office Review Board.

Eleonora Rosati is back with the 6th instalment of the DSM Directive blog series, this time looking at Article 15 and the new press publishers’ right in DSM Directive Series #6: ‘hyperlinking’ in the press publishers’ right.

In another post by a Katfriend,  Zachary Wawrzyniakowski looks at what ‘volitional conduct’ means in US copyright infringement in his post U.S. Second Circuit cannot agree on the meaning of ‘volitional conduct’.

Designs

GuestKat Peter Ling looks at the EU General Court’s decision concerning Porsche’s registered design rights in There is No Substitute for a Porsche – Except another Porsche?. The Court suggested that most people would not notice the differences between an old Porsche design and the latest model.

Can you tell what Porsche model this Kat is sitting on?

Image Rights

Eleonora Rosati looks at the strength of image rights protection in Italy, where consent was needed to use the likeness of Audrey Hepburn in Italian court confirms that unauthorized use of Audrey Hepburn’s likeness infringes (post mortem) image rights.

Events

Katfriend Xiao Wang attended the More Than Just a Game conference (Maastricht edition) and reported here on the multiple panels that made up the event.

Former GuestKat Cecilia Sbrolli attended the event “Institutions And Regulation For The Fourth Industrial Revolution” jointly organised by the Liège Innovation and Innovation Institute (LCII), Hoover IP2 (Stanford University), and the Center for Intellectual Property of the University of Gothenburg. Her report on the event can be found here.

Books reviews

Book Review Editor Hayleigh Bosher reviews two books: Sterling on World Copyright Law and Intellectual Property: Patents, Copyrights, Trademarks & Allied Rights. The reviews can be read here and here respectively.

A further two books: Copy This Book – An Artist’s Guide to Copyright and Copyrighting God were reviewed by GuestKat Mathilde Pavis. The reviews can be found here and here respectively, the latter being an interesting read if you’re keen to find out the nuanced ways in which copyright law has been used by various religious organisations.

Miscellaneous 

In a touching tribute, Kat Neil Wilkof, dedicates an in memoriam post to the recent passing of Patricia Battin.

If you’re keen to catch up on the latest fashion law trends and developments, don’t forget to sign-up for the next Fashion Law London Autumn/Winter Review happening on Friday the 18th of October hosted by Eleonora Rosati, Rosie Burbidge, and Giulia Gasparin. More information and the schedule can be found here.

The UK IPO has launched new copyright education resources for schools, reported on by Kat Hayleigh Boscher.

Another IP initiative has been launched by the Intellectual Property Office of Singapore (IPOS), Lloyd’s Asia and Antares Underwriting Asia, called the Intellectual Property Insurance Initiative for Innovators. Kat Neil Wilkof looks at the initiative in detail here.

Image Sources: Flickr; Reddit

Never Too Late 225 [Week ending 9 Jun] Digging Designs – a six month review (& farewell) | Will Marvel Studios face copyright infringement claim for using Ghanaian kente designs in the Black Panther movie? | Beware of your old expert reports, as Henry Carr J allows hearsay expert evidence in Illumina v Ariosa | Still want to be a UPC judge? UPC Preparatory Committee seeking new “top-up” applicants | Nuances in the definition of accidental anticipation (T 1218/14) | What is your SEP “licensing concept”? The Higher District Court of Düsseldorf in Unwired Planet puts some further constraints on SEP owners | First the Italian torpedo and now the Haar-poon – Geography is Not the Only Issue in G2/19 | “The internet’s not written in pencil, it’s written in ink” … yet content removal can be done on a worldwide basis, says AG Szpunar | Sampling Mumbo Jumbo: Minecraft YouTuber receives copyright claims on hundreds of videos in a matter of hours | Milk, Brands and Duty Free: The return of lactose intolerance | California Privacy Law: Too Good to be True?

Never Too Late 224 [Week ending 2 Jun] Following CJEU Syed ruling, Swedish Supreme Court establishes criminal liability through warehouse storage of copyright infringing goods | Opposition proceedings before the EUIPO: a lesson from the General Court | Sprint Electric v Potamianos: High Court finds an implied copyright assignment based on equitable title | Henry Carr J refuses Abbott’s mitral valve preliminary injunction | Not quite “One in a Million”, says Court of Appeal | Sir Hugh Laddie and the Lectures: A story about a new publication | A publishing opportunity for anyone with an interest in the wine industry (and who doesn’t?) | Wine, beer and chocolate-all with a Southern flavor | In memoriam Grumpy Cat: IP and beyond

Never Too Late 223 [Week ending 26 May] How does the average consumer perceive the term “SPA”? | ‘Guns ‘N’ Rosé’ Beer: Sounds Familiar? | Skykick – why does it matter & what could it mean for trade marks? Counsel’s perspective | Mr Justice Nugee and the Superhose: The potentiality of disclosure | Dutch Court of Appeal injuncts unwilling licensee in first post-Huawei v ZTE FRAND decision | English High Court seizes patent infringement jurisdiction once again | No knowledge in secondary copyright infringement of Eminem’s first album | Ariana Grande, thank you, next: copyright infringement on Instagram | DSM Directive is now Directive 2019/790 and Member States will need to transpose it by 7 June 2021 | Error in the Italian translation of Article 17 of the DSM Directive … but is Italian the only instance? | Conversant v LG: No FRAND rate in sight, as the Paris Cour d’appel tackles essentiality and German trade secrets | Does a “Launch At Risk” Automatically Exclude the Right to Appropriate Compensation for a Wrongfully-Issued Preliminary Injunction? | TILTing Perspectives 2019 | Book review: Public rights – Copyright’s Public Domains | The Agreement on African Continental Free Trade Area (AfCFTA) – Protocol on IP | Lycra owner gets in a tight spot on costs: Unjust Part 36 offers, ex employees, breach of confidence & more | Book Review: Intellectual Property, Finance and Corporate Governance | IP law in Cambridge this summer

Never Too Late 222 [Week ending 12 May] Traveling south (and even further south) | Things come in threes – Paris Tribunal guts Facebook’s T&C’s | Guess guesses wrong regarding a common inverted triangle device | Court of Justice: use of figurative signs may constitute unlawful evocation of a PDO | BREAKING: UK Supreme Court rules that ISPs do NOT have to pay implementation costs in Cartier case | AIPPI Event Report: Are you sitting comfortably? A soft IP storybook on the Byzantine World of Trade Marks with Benet Brandreth | Fordham 27 Recap: Reports 1-14 | European Pharma Law Academy returns to Cambridge | New joint IPKat/BLACA event on ‘The EU DSM Directive: End of the Story?’ | The IPKat—the new features just keep on coming | Book review: Art and Modern Copyright – the Contested Image

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