The IPKat BLOG – Page 66

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Long walk to copyright reform #8: South Africa’s Parliament passes the revised Copyright Amendment Bill

http://ipkitten.blogspot.com/2024/03/long-walk-to-copyright-reform-8-south.html Last week, South Africa’s National Assembly passed (again) the Copyright Amendment Bill (CAB) and Performers’ Protection Amendment Bill (PPAB). The Bill has now been transmitted to the President for his assent (or referral to the Constitutional Court). The (second) passing of the CAB and PPAB was to address the... Continue reading
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When in Rome, do as the Romans do? Rome court ‘misinterprets’ CJEU YouTube judgment and reduces criteria for primary liability of platform operators to checklist

http://ipkitten.blogspot.com/2024/03/when-in-rome-do-as-romans-do-rome-court.html Michelangelo’s Cumaean Sybil in the Sistine Chapel In the ancient Greek and Roman world, sybils were priestesses who acted as gods’ intermediaries with the mortals to anticipate future events. Their prophecies, however, were delivered in obscure ways. Hence the adjective ‘sibylline’, which refers to messages that are not immediately intelligible... Continue reading
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Guest Book Review: Owning Performance | Performing Ownership: Literary Property and the Eighteenth-Century British Stage

http://ipkitten.blogspot.com/2024/03/guest-book-review-owning-performance.html This is a book review provided by former PermaKat, Neil Wilkof. To paraphrase Jane Austen, it is a truth universally acknowledged that a book about authors, drama, or publishing before the modern era will likely have been written by a scholar of literature and culture rather than by a... Continue reading
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[Guest post] Jacquemus x Nike Swoosh Bag: ‘Just Copy It’ or re-appropriation of Nike’s own trade mark?

http://ipkitten.blogspot.com/2024/03/guest-post-jacquemus-x-nike-swoosh-bag.html With fashion season in full swing, fashion-related IP stories flourish too. This time, Katfriend Spyridon Sipetas (Stockholm University) tells the story of a collaboration – the one between Jacquemus and Nike – that has been already plagued with accusations of copying. Here’s what Spyridon writes: Jacquemus x Nike Swoosh... Continue reading
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The global reach of trade mark law?

http://ipkitten.blogspot.com/2024/03/the-global-reach-of-trade-mark-law.html Whenever an alleged IP infringer is not domiciled in the country where the IP right is protected and did not commit all infringing acts in that country, questions of jurisdiction, commercial effect and the territoriality principle arise. A case tackling some of these issues is now pending before the... Continue reading
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Retromark: the conference is back on 7 May – sign up now!

http://ipkitten.blogspot.com/2024/03/retromark-conference-is-back-on-7-may.html Retro-Kats The fifth annual Retromark conference returns for another afternoon of in-person trade mark law and practice hosted by Darren Meale of Simmons & Simmons and the IPKat on Tuesday 7 May. This year, the keynote speech will be delivered by Allan James, Senior Hearing Officer at the UKIPO.... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2024/03/sunday-surprises.html The IPKat is curled up beside the warm glow of the latest IP intrigue, events and purr-spectives. Events 5 March 2024: Workshop on Digital Assets, Ownership and Property Rights Queen Mary Intellectual Property Research Institute, in partnership with the Cloud Legal Project at CCLS, is organising a workshop... Continue reading
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UKIPO’s second report on social medial influencers and counterfeiting

http://ipkitten.blogspot.com/2024/03/ukipos-second-report-on-social-medial.html On 22 February 2024, the UK Intellectual Property Office (UKIPO) released its report on “The impact of complicit social media influencers on male’s consumption of counterfeit goods in the UK”. A pilot report, mostly focused on female consumers, was delivered back in 2021 and commented by Eleonora Rosati... Continue reading
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“El TORO LOCO”: when a Monster truck show amounts to both trade mark and copyright infringement

http://ipkitten.blogspot.com/2024/02/ei-toro-loco-when-monster-truck-show.html It is always interesting to see how the protection afforded by the various intellectual property rights fits together. Copyright and design rights are often invoked in parallel, particularly in relation to works of applied art [e.g. IPKat here]. This time, this Kat has found a recent decision issued by... Continue reading
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M&S “gin-joys” registered design victory against Aldi in E&W Court of Appeal judgment regarding flavoured liqueur lookalikes

http://ipkitten.blogspot.com/2024/02/m-gin-joys-registered-design-victory.html In a decision delivered this week, the Court of Appeal of England and Wales (the Court) has upheld the design infringement claim brought by Marks and Spencer (M&S) against Aldi in respect of their gin-based flavoured liqueur range, in what may be a catalyst for a shift from trade mark law... Continue reading