The IPKat BLOG – Page 289

In: The IPKat BLOG

Warhol v Goldsmith: fairness of use by iconic artwork adjudicated in New York

http://ipkitten.blogspot.com/2019/07/warhol-v-goldsmith-fairness-of-use-by.html Earlier this month, the Southern District Court of New York handed down a decision regarding whether Andy Warhol’s use of a photograph taken by a rock and roll celebrity photographer Lynn Goldsmith of the iconic singer Prince Rogers Nelson, best known as Prince, is protected as fair use. Background... Continue reading
In: The IPKat BLOG

English High Court raises eyebrows over request to disclose ISP customer data

http://ipkitten.blogspot.com/2019/07/english-high-court-raises-eyebrows-over.html To paraphrase Oasis (badly): Norwich Pharmacal Orders – familiar to thousands. In the consolidated claims of Mircom International Content Management & Consulting Ltd and Ors and Golden Eye International Ltd and Ors v Virgin Media Limited and Persons Unknown [2019] EWHC 1827 (Ch), Mr Recorder Douglas Campbell QC (sitting... Continue reading
In: The IPKat BLOG

Turning the AC off as no likelihood of confusion is found: AC Milan survives AC Marriott opposition

http://ipkitten.blogspot.com/2019/07/turning-ac-off-as-no-likelihood-of.html On 19 June 2019, the EU General Court ruled that the EUIPO had been correct in granting registration of the figurative sign that Associazione Calcio Milan SpA (AC Milan) had applied for. [Case T‑28/18] Background On 29 May 2013, the intervener, AC Milan, obtained an international trade mark, registration... Continue reading
In: The IPKat BLOG

Beyond exclusion of pharmaceutical products from patentable subject matter as a solution to limited access to medicines in Africa

http://ipkitten.blogspot.com/2019/07/beyond-exclusion-of-pharmaceutical.html In the past few months, the US House of Representatives has held several hearings with pharmaceutical companies on the high prices of prescription drugs and the impact on patients. US Senators have also joined the fray broaching the idea of reforming the US patent system and reducing the exclusivity... Continue reading
In: The IPKat BLOG

CJEU dismisses Red Bull’s appeal concerning its colour combination marks

http://ipkitten.blogspot.com/2019/07/cjeu-dismisses-red-bulls-appeal.html In a judgment issued yesterday, the Court of Justice of the European Union (CJEU) dismissed Red Bull’s appeal against the EU General Court’s decision [here], which had upheld the EUIPO’s First Board of Appeal’s finding that the Red Bull’s colour combination marks would be invalid. Background Red Bull successfully... Continue reading
In: The IPKat BLOG

Never Too late: if you missed The IPKat last week

http://ipkitten.blogspot.com/2019/07/never-too-late-if-you-missed-ipkat-last_30.html Enjoy this new edition of Never Too Late, summarising news and opinions provided by our Kats on the latest developments in IP law at the judicial, administrative, national, and European levels. Trade marks Nedim Malovic discusses the difficulties for relevant authorities in the assessment of trade mark applications made by... Continue reading
In: The IPKat BLOG

The EU Regulation on fairness in the platform economy is a let down for intellectual property

http://ipkitten.blogspot.com/2019/07/the-eu-regulation-on-fairness-in.html The Digital Single Market Directive, introduced earlier this year, has been the subject of much discussion (see here, here and here for previous posts). Flying under the radar of most IP enthusiasts is Regulation 2019/1150 on promoting fairness and transparency for business users of online intermediation services, passed on... Continue reading
In: The IPKat BLOG

“BOSWELAN” – No Special Treatment for Medicinal Product Trade Marks

http://ipkitten.blogspot.com/2019/07/boswelan-no-special-treatment-for.html Obtaining a marketing authorization for a new medicinal product can notoriously take a very long time. Should trademark law, and in particular the five-year grace period to commence “genuine use“ (Art. 18(1) EUTMR), be adapted to account for the time lost waiting for the marketing authorization? In a recently... Continue reading
In: The IPKat BLOG

BREAKING: CJEU rules that freedom of information and of the press cannot justify a derogation from the rights of copyright holders beyond allowed exceptions and limitations

http://ipkitten.blogspot.com/2019/07/breaking-cjeu-rules-that-freedom-of.html The Court of Justice of the European Union (CJEU) might be already on holiday, but this morning a final round of decisions was issued, including 3 keenly awaited Grand Chamber (15 judges) copyright judgments. They are the decisions in: Funke Medien, C-469/17 [Katpost here] Pelham, C-476/17 [Katposts here and... Continue reading
In: The IPKat BLOG

BREAKING: CJEU rules that use of a protected work for the purpose of reporting current events does not, in principle, require authorization

http://ipkitten.blogspot.com/2019/07/breaking-cjeu-rules-that-use-of.html Politician Volker Beck started the background national litigation(photo by Mathias Schindler; CC-BY-SA) Together with its judgments in Funke Medien [here] and Pelham [here], this morning the Grand Chamber of the Court of Justice of the European Union (CJEU) also delivered its ruling in Spiegel Online, C-516/17 [Katpost here]. This referral, also from Germany, focused... Continue reading