The IPKat BLOG – Page 142

In: The IPKat BLOG

General Court says that ‘ALMEA’ and ’MEA’ are confusingly similar

http://ipkitten.blogspot.com/2021/01/general-court-says-that-almea-and-mea.html How far does likelihood of confusion go, within the meaning of Article 8(1)(b) of Regulation 2017/1001 (the EU Trade Mark Regulation (EUTMR)), when it comes to the comparison between two signs? In an interesting decision from last month, the General Court considered that – despite the generally high level... Continue reading
In: The IPKat BLOG

Royalty distribution in Nigeria: Must collective management organisations distribute royalties only to members whose works were used?

http://ipkitten.blogspot.com/2021/01/royalty-distribution-in-nigeria-must.html Given the provisions of Regulation 15 of the CMO Regulations, can a collecting society distribute any portion of royalties received to members whose works were not used in a given year? This is essentially the question that the Federal High Court of Nigeria was asked in the case of... Continue reading
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Print journalism under siege: podcasts to the rescue?

http://ipkitten.blogspot.com/2021/01/print-journalism-under-siege-podcasts.html This Kat takes journal subscriptions seriously. How seriously? Well, Mrs. Kat says that he would likely win his town’s award for the resident with the most paid subscriptions to journalistic content. For sure, this Kat has followed with ever-increasing concern, tinged by moments of incipient depression, the two-decade downward... Continue reading
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Tuesday Thingies

http://ipkitten.blogspot.com/2021/01/tuesday-thingies.html Conferences and webinars On January 14, the British Literary and Artistic Copyright Association (BLACA) is organizing a webinar on “Case C-265/19 – victory or blow for performers’ rights?”, to discuss the recent decision of the CJEU in C-265/19, concerning the performers’ rights to single equitable remuneration. Linda Scales and... Continue reading
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Boards of Appeal are competent to overturn a finding of fact at first instance (T 1604/16)

http://ipkitten.blogspot.com/2021/01/boards-of-appeal-are-competent-to.html One important consideration in any legal system is the competency of appeal departments to review findings of fact at first instance. The case law of the Boards of Appeal has historical permitted only limited reassessment of facts at the appeal stage. However, a recent EPO Board of Appeal decision (T 1604/16) has... Continue reading
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Around the Blogs

http://ipkitten.blogspot.com/2021/01/around-blogs.html This Kat is busy thinking up New Year’sResolutions Welcome to another – this time rather international – weekly look around the IP blogs. Copyright The debate about academic publishing and access has taken a turn in India, with Elsevier, Wiley, and American Chemical Society filing a copyright infringement suit in... Continue reading
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Never Too Late: if you missed The IPKat last week

http://ipkitten.blogspot.com/2021/01/never-too-late-if-you-missed-ipkat-last.html Home alone (and asleep) Trade Marks Last week, GuestKat Peter Ling offered his farewell post on whether QR codes may be registered as a trade mark. Peter analysed a Swiss decision on the matter, where the Federal Administrative Court reached the conclusion that QR codes are devoid of distinctive... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2021/01/sunday-surprises.html It’s a new year which means new events for you! Soooo excited about all the events! Webinars FIDE (Legal and Business Research Foundation) and TIPSA (Transatlantic Intellectual Property Academy) join forces to organize a serial of digital encounters to be scheduled along the year 2020 around the topic... Continue reading
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‘ATHLON CUSTOM SPORTSWEAR’ found not confusingly similar to ‘DECATHLON’

http://ipkitten.blogspot.com/2021/01/athlon-custom-sportswear-found-not.html In an interesting decision from October 2020, the EU General Court considered that there was no likelihood of confusion between the signs ‘Athlon Custom Sportswear’ and ‘DECATHLON’ pursuant to Article 8(1)(b) of Regulation 2017/1001 (the EU Trade Mark Regulation (EUTMR)). In particular, it reasoned that, where the elements of... Continue reading
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IPKat Book of the Year Awards 2020 Winners!

http://ipkitten.blogspot.com/2021/01/ipkat-book-of-year-awards-2020-winners.html Thank you to readers for voting in the IPKat book of the year awards, here are your 2020 nominees and winners! Best Patent Law Book The nominations were: Till Andlauer, Stefan Ahlers, Thomas Eißfeller and Christoph Schindler, EPC.App: The Self-Editable Commented European Patent Convention (Independently published 2020) Colin Birss, Andrew Waugh,... Continue reading