In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/04/significant-revisions-to-swiss.html The typical mischievous mood of April Fool’s Day is absent this year, indeed even Google has decided to skip sharing jokes today to pay respect to those who are fighting COVID-19. In this current difficult and in so many ways extraordinary situation, it may only be a sideshow that... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/03/gleissner-fails-again-in-aptly-named-uk.html To trade mark professionals, Michael Gleissner is a man who needs no introduction. The avid collector of registered trade marks (and unpaid costs orders) recently lost two registrations for PARASITE-related marks in a UK Intellectual Property Office invalidity action (decision here). This continues a trend of rightsholders successfully taking a... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/03/never-too-late-if-you-missed-ipkat-last_31.html The IPKat was most productive this last week. Be sure to check our overview so as not to miss anything! A cat in iron catches no mice Copyright Are tattoos protected by copyright? The US District Court for the Southern District of New York seems to answer in the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/03/what-is-all-due-care-in-stressful.html Many patent attorneys will be working from home during this time. A recent decision from the Board of Appeal (dating back to 2018), considers the criteria for all due care in stressful situations, in which were employees are sick or working from home. Imagine for a moment that you are a patent... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/03/uk-ip-courts-go-virtual-as-covid-19.html Merpel attacking her remote working capabilities with the concentration andpassion one would expect The legal profession is lucky. Our jobs can be performed anywhere. All we need is a laptop and a phone. However, when it comes to litigation we still prefer our analogue world. We like the tactile nature... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/03/never-too-late-if-you-missed-ipkat-last_28.html Although a lot of activities around the globe came to a halt, IP definitely did not! Make yourself a cup of tea and catch-up on last week’s IP news. PATENTS The German constitutional court upholds complaint against UPC Agreement and implementing act! Read the decision here. It is reported that... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/03/us-court-rules-that-unlicensed.html Are tattoos protected by copyright? If so, can a person give a third party permission to use their likeness (which includes displaying the tattoos attached to their body) without the consent of the tattoo artist who realized said tattoos? These intriguing questions have been raised in a number of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/03/china-says-no-to-malicious-filing-of.html Article 10 of the Chinese Trade Mark Law (CTML), amended in 2019, lists several absolute grounds for refusal to trade mark registration. Among these, Article 10.1.8 prevents registration of signs which are ‘detrimental to socialist ethics or customs, or [have] other unwholesome influences’. Recently, this provision has been used... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/03/when-court-turned-to-expert-on-whether.html A time-revered pastime of IP commentators is discussing “things that they did not teach you in law school”. One of IPKat’s favourites is the role of expert witnesses. Well-known are instances of expert testimony in understanding the invention in a patent case, or valuation of a trademark portfolio. Kat... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/03/stairway-to-heaven-impact-of-zeppelin.html The Katy Perry decision for copyright infringement and $2.8M in damages [Katposts here and here] has been overturned. This judgement, made on the 16th March, comes in the wake of the decision on 9th March that Led Zeppelin’s ‘Stairway to Heaven’ did not infringe the copyright of the song ‘Taurus’,... Continue reading
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