• Around the IP Blogs

    http://ipkitten.blogspot.com/2021/01/around-ip-blogs.html Patents  The seemingly never-ending saga of the United Patent Court being challenged in Germany courts continues [see an earlier post by The IPKat here], this time with two new constitutional complaints filed against the UPC. Juve Patent has reported on this recent turn of events.  Copyright  Following Germany, Austria... Continue reading

     
  • [GuestPost] The role of big data, SEPs, PAEs and copyright in Digital Transformation: IP Tech Summit 2020 Report

    http://ipkitten.blogspot.com/2021/01/guest-post-role-of-big-data-seps-paes.html Last year, Premier Cercle hosted their IP event in Sweden at the headquarters of Volvo Cars focusing on IP in the automotive industry (see IPKat reports here and here). The year before focused on IP in aerospace (see here). This year’s Summit was hosted by Microsoft and focused more broadly... Continue reading

     
  • Swedish Patent and Market Court of Appeal cancels Crocs three-dimensional trade mark

    http://ipkitten.blogspot.com/2020/12/swedish-patent-and-market-court-of.html In an interesting decision from this month, the Swedish Patent and Market Court of Appeal considered whether the Crocs Classic footwear (depicted below), registered as a national three-dimensional trade mark, could be cancelled because it consisted exclusively of a shape, which resulted from the nature of the goods themselves... Continue reading

     
  • General Court says that ‘MARK’ and ‘MARQ’ are confusingly similar despite low degree of similarity between respective goods

    http://ipkitten.blogspot.com/2020/12/general-court-says-that-mark-and-marq.html In a recent decision, the General Court upheld the EUIPO Fifth Board of Appeal’s (the Board) findings regarding the likelihood of confusion between the two signs ‘MARK’ and ‘MARQ’. The General Court considered that there was a low degree of similarity between the goods in Class 11 covered by... Continue reading

     
  • Sweet grapes, sour grapes, or the grapes of wrath: what is going on with this collecting society?

    http://ipkitten.blogspot.com/2020/12/sweet-grapes-sour-grapes-or-grapes-of.html “Unus pro omnibus, omnes pro uno”, “Un pour tous, tous pour un”, and “One for all, all for one”; whether in Latin, French or English; whether the unofficial motto of Switzerland or a famous line from “The Three Musketeers” by Alexander Dumas, the saying has become a by-word for... Continue reading

     
  • Farewell Post: Can QR codes be registered as trade marks?

    http://ipkitten.blogspot.com/2020/12/farewell-post-can-qr-codes-be.html QR codes have become well-nigh ubiquitous so that it was merely a question of time until courts had to deal with applications for QR codes as trade marks. For my last post as a GuestKat, it seems fitting to draw Kat readers’ attention to a recent Swiss decision dealing... Continue reading

     
  • Never Too Late: if you missed the IPKat last week

    http://ipkitten.blogspot.com/2020/12/never-too-late-if-you-missed-ipkat-last_27.html This Kat has had entirely too much turkey With another year drawing to a close, there’s roundups and retrospectives all round. Copyright The first instalment of SpecialKat and Africa Correspondent Chijioke Okorie’s 2020 Africa IP Highlights roundup shone a light on key decisions and reforms in the copyright sphere. Trade... Continue reading

     
  • Holiday Surprises

    http://ipkitten.blogspot.com/2020/12/holiday-surprises.html A Spanish cat Vacancies  The Law Faculty of the University of Maastricht has opened four four-year positions for PhD candidates. Successful candidates will be offered a full-time contract, starting preferably in September 2021. The deadline for submitting the application is March 15, 2021.  As part of the Marie Skłodowska-Curie... Continue reading

     
  • Purchasing Online Copyright Infringement: Tom Hussey Photography v. BDG Media

    http://ipkitten.blogspot.com/2020/12/purchasing-online-copyright.html A Kat sees her own reflection A potential circuit split in U.S. copyright law exists over the volitional act requirement for copyright infringement liability (see Katpost by Ieva Gierdrimaite addressing VHT v. Zillow Cert. petition).  Is purchasing and operating a website with locally-hosted infringing content a volitional act?  Last week,... Continue reading

     
  • Book review: Internet Law and Regulation

    http://ipkitten.blogspot.com/2020/12/book-review-internet-law-and-regulation.html This Kat has been looking forward to reading Sweet & Maxwell’s fifth edition of Internet Law and Regulation for a long time. She must confess that the book was trapped in her office since she left there unknowingly for the last time earlier this year, way back in March!... Continue reading