In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/cjeu-existence-of-earlier-local-right.html Trade marks are very strong rights, on the basis of which a proprietor can bring forward a wide variety of claims. Yet, the rights conferred by a trade mark may be limited, for instance when the proprietor faces an earlier right applying in a particular locality. With respect to... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/ten-things-to-know-about-nfts.html Recently, I spoke in the PRS London Members’ Day panel about NFTs, alongside Cliff Fluet (Lewis Silkin) and Mike Walsh (Serenade). There has obviously been a considerable amount of excitement around non-fungible tokens (NFTs) over the last few years and some interesting developments in the last few months. Here... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/uk-ipo-report-use-of-intellectual.html The UK Intellectual Property Office (IPO) has published a report which shows that over a third (34.95%) of UK industries are found to be ‘IP intensive’. The report, published on 9th June 2022 here, is an update to a similar publication by the IPO in September 2020. The research... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/could-covidiot-be-trade-mark-in-eu.html The rush to file trade mark applications to capitalize on a trending term or phrase is not new. Just to mention a few recent examples, the European Union Intellectual Property Office (EUIPO) received applications relating to ‘JE SUIS CHARLIE’ in the aftermath of the Charlie Hebdo attack and ‘BLACK... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/eu-general-court-dismisses-apples.html For long-time Apple users, followers, and fans, the phrase ‘THINK DIFFERENT’ will undoubtedly ring a bell or two. Do a quick Google search and you will find many sites explaining the history and significance of the phrase to Apple and its branding, and how it brought a new wave... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/uk-court-discusses-copyright-protection.html Derek “Del Boy” Trotter (fictional) Can a fictional character be protected as a self standing copyright work? If so, what is the test to be applied? In a judgment handed down yesterday – Shazam v Only Fools The Dining Experience and Others [2022] EWHC 1379 (IPEC) – the Intellectual... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/guest-post-news-in-youtubecyando-german.html The YouTube/Cyando referrals kept EU copyright lawyers busy for a long time (Kat-coverage here). After last year’s ruling of the Court of Justice of the European Union, the ball was back in the (literal) court of Germany’s Federal Court of Justice (BGH). A few days ago, the BGH had... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/all-i-want-for-christmas-iseveryone-to.html Readers may have seen that the media have picked up on a claim made against Mariah Carey for copyright infringement by her infamous song “All I Want for Christmas is You“. Just in case there was any doubt in readers’ minds, here are the reasons why this Kat believes... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/ubisofts-for-honor-loses-trade-mark.html Enter the world of online gaming and you will most likely discover games such as Ubisoft’s Assassin’s Creed, Watch Dogs, and Far Cry. When I played Ubisoft’s For Honor in 2017, I chopped, smashed, and stabbed more medieval bodies than I could ever image, but little did I know... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/in-victory-you-deserve-champagne-pdo.html When does a third-party sign unlawfully evoke the denomination “Champagne”? The Barcelona Appeal Court recently weighed in on the question in the latest stage of the multi-year litigation between PDO “Champagne” and a Spanish tapas bar “Champanillo” (case SAP B 2691/2022). The court found that “Champanillo” is an evocation of... Continue reading
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