The IPKat BLOG – Page 264

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IP and the controversial “Hate Speech Bill” in Nigeria

http://ipkitten.blogspot.com/2019/12/ip-and-controversial-hate-speech-bill.html Hate is such a strong emotion. And, so subjective…capable of being treated seriously or in a cavalier manner. Take these fictional examples. A parent tells a child to turn off the TV and go to bed and the child goes: “You never let me have any fun! You hate... Continue reading
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In memoriam: D. C. Fontana, the creator of Mr. Spock from Star Trek

http://ipkitten.blogspot.com/2019/12/in-memoriam-d-c-fontana-creator-of-mr.html Space: the final frontier. These are the voyages of the starship Enterprise. Its five-year mission: to explore strange new worlds, to seek out new life and new civilizations, to boldly go where no man has gone before. And so, the voice-over of Captain James Kirk would introduce each episode... Continue reading
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CJEU rules that “aceto” and “balsamico” are not individually protectable components of PGI “Aceto Balsamico di Modena”

http://ipkitten.blogspot.com/2019/12/cjeu-rules-that-aceto-and-balsamico-are.html Yesterday, the Court of Justice of the EU (CJEU) issued its decision in Case C-432/18, Consorzio Tutela Aceto Balsamico di Modena v Balema GmbH [here]. The decision sets important limitations on the scope of protection of the Protected Geographical Indication (PGI) “Aceto Balsamico di Modena” and for PGI’s registered... Continue reading
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Mandatory mediation in Greece: Odysseus reaches Ithaca

http://ipkitten.blogspot.com/2019/12/mandatory-mediation-in-greece-odysseus.html Kat friend Marina Perraki summarizes the just concluded legislative enactment in Greece to introduce a form of mandatory, including with respect to IP infringement actions. We have previously reported on Greece’s legislative initiative to introduce mandatory mediation in certain civil and commercial disputes, including trademark infringement disputes. The respective... Continue reading
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AG Campos advises CJEU to rule that Amazon might be potentially liable for trade mark infringement

http://ipkitten.blogspot.com/2019/12/ag-campos-advises-cjeu-to-rule-that.html Last week, Advocate General (AG) Campos Sánchez-Bordona delivered an important Opinion in Coty Germany v Amazon, C-567/18 [not yet available in English]. He advised the Court of Justice of the European Union (CJEU) to rule that, for the sake of applying Articles 9(2)(b) and 9(3)(b) EUTMR (stocking of goods for... Continue reading
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Are two different whales conceptually identical? Fourth Board of Appeal finds likelihood of confusion despite some visual dissimilarities between marks

http://ipkitten.blogspot.com/2019/12/are-two-different-whales-conceptually.html Can simple things become difficult? In a recent decision, the Fourth Board of appeal reaffirmed a basic truth: if your sign has the same concept of another, then there is conceptual identity between these two. Having recognized that there are indeed differences between the signs, in this case the... Continue reading
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The implementation in France of the EU Directive relating to trade marks

http://ipkitten.blogspot.com/2019/12/the-implementation-in-france-of-eu.html Kat friend Deborah Vincze provides a summary of the final implementation in France of the Recast EU Directive on trade marks. The final implementation in France of Directive (EU) 2015/2436 (“Directive to approximate the laws of the Member States relating to trade marks (Recast)” ) took place on November... Continue reading
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Never Too Late: if you missed the IPKat last week

http://ipkitten.blogspot.com/2019/12/never-too-late-if-you-missed-ipkat-last.html Last week, the IPKat certainly supplied us all with an abundance of trade mark law updates! If you missed out on this and reports in other areas of IP, you can catch up in this week’s edition of Never Too Late! Trade MarksKat Book Review Editor Hayleigh Bosher reported... Continue reading
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AG Bobek suggests broadening possibility to submit new arguments and evidence before General Court in trade mark opposition proceedings

http://ipkitten.blogspot.com/2019/12/ag-bobek-suggests-broadening.html One of many lessons this Kat learned from his mentor at the law firm where he started his career was this: in trade mark opposition proceedings at the European Union Intellectual Property Office (EUIPO), be sure to file all your evidence at the Board of Appeal stage at the... Continue reading
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Monday Miscellany

http://ipkitten.blogspot.com/2019/12/monday-miscellany.html How did December arrive so quickly? As another week rolls around, here are some interesting events, writing competitions and IP news to keep you going. December = unapologetically Christmassy Kat pictures Events IP Inclusive Events IP Inclusive have several events coming up open to all IP professionals which are free... Continue reading