The IPKat BLOG – Page 252

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Chams Plc and another v Mastercard Asia/Pacific Pte Ltd and 5 Others – Where a contractual breach involves the misuse of IP-based confidential information

http://ipkitten.blogspot.com/2019/11/chams-plc-and-another-v-mastercard.html The Nigerian Federal High Court has delivered a ruling in a suit bordering inter alia on the misuse of confidential information relating to IP. On 7th November 2019, the Federal High Court delivered a ruling in Suit No. FHC/L/CS/1440/2019 – Chams Plc & Another v Mastercard Asia/Pacific Pte Ltd... Continue reading
In: The IPKat BLOG

When is Harvard not Harvard ?

http://ipkitten.blogspot.com/2019/11/when-is-harvard-not-harvard.html Kat friend Shawn Poon describes the recent dispute in Singapore over the university name “Harvard”. In the recent IPOS decision of Harvard Club of Singapore v President and Fellows of Harvard College [2019] SGIPOS 14, the President and Fellows of Harvard College (the body corporate constituting Harvard University) (“Applicant”)... Continue reading
In: The IPKat BLOG

Kylie Minogue not so lucky in IPEC copyright infringement claim

http://ipkitten.blogspot.com/2019/11/kylie-minogue-not-so-lucky-in-ipec.html A copyright dispute in the Intellectual Property Enterprise Court has ended in tears [presumably on a pillow] for Kylie Minogue’s bed linen licensee, Ashley Wilde, in Ashley Wilde Group Ltd v BCPL Ltd [2019] EWHC 3166 (IPEC). BackgroundBCPL, the defendant, is owned by Caprice Bourret, a well-known model and... Continue reading
In: The IPKat BLOG

Crystal Head vodka 3D shape mark invalitiy application: Who you gunna call?!

http://ipkitten.blogspot.com/2019/11/crystal-head-vodka-3d-shape-mark.html Is a skull shaped bottle for vodka devoid of distinctive character and does it substantially enhance the attractiveness of the goods and strongly influence consumer preferences? A recent decision of the Cancellation Division considered the absolute grounds for resual of a 3D shape mark, which offered this Kat the... Continue reading
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Scotch-ing decision leaves a tart taste in Isetan’s mouth

http://ipkitten.blogspot.com/2019/11/scotch-ing-decision-leaves-tart-taste.html The Scotch whisky industry has generated a number of interesting case reports lately. Kat friend Mok Ho Fai now brings for Kat readers the intriguing recent story of the fate of the ISETAN TARTAN mark in Singapore. When the mark “ISETAN TARTAN” is used for whisky that is not... Continue reading
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Hold Your Colour – Cancellation Action against Nivea Blue withdrawn after 11-Year Saga in Germany

http://ipkitten.blogspot.com/2019/11/hold-your-colour-cancellation-action.html One of the many analogies that can be drawn between playing chess and conducting litigation is that, in some situations, one should be prepared to resign (or withdraw a case). In both chess and litigation, this avoids not only wasting valuable time, but also the consequences of losing in... Continue reading
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Common sense prevails in trade mark specification interpretation

http://ipkitten.blogspot.com/2019/11/common-sense-prevails-in-trade-mark.html Legal interpretation is of particular interest to this Kat, so she was intrigued to hear about this case which turned on the correct interpretation of a trade mark specification; the literal vs the “common sense approach”. Here’s what happened. Background to the case Kat AllianceImage: Andy Miccone In January 2011,... Continue reading
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[Guest post] Polish Constitutional Tribunal rules that rightholders can claim damages amounting to twice a hypothetical licence fee in copyright infringement cases

http://ipkitten.blogspot.com/2019/11/guest-post-polish-constitutional.html Damages for copyright infringement: how much can be claimed? In this guest post, Katfriend Bohdan Widła (Barta & Kalinski sp.j.) provides an update on recent developments in Poland. Here’s what Bohdan writes: Polish Constitutional Tribunal rules that rightholders can claim damages amounting to twice a hypothetical licence fee in... Continue reading
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Amsterdam district court orders Google to take offline fake reviews

http://ipkitten.blogspot.com/2019/11/amsterdam-district-court-orders-google.html Last week, the Amsterdam district court issued an interesting decision in which it ordered Google to remove from Google Maps’ review section negative reviews after concluding that they were fake [decision here, in Dutch]. The decision is likely to set an important precedent for future cases involving fake reviews,... Continue reading
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GC excludes likelihood of confusion between marks representing stylized human figure and relating to same goods due to low distinctiveness of shared concept

http://ipkitten.blogspot.com/2019/11/gc-excludes-likelihood-of-confusion.html In an intriguing judgment delivered earlier this month (T-149/19), contrary to the earlier decision of the EUIPO Second Board of Appeal, the General Court (GC) excluded any likelihood of confusion between the two signs represented below, despite sharing the same public and considering the latter’s average level of attention,... Continue reading