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Businesses worldwide are becoming increasingly familiar with the ‘patent troll’.
Genuine use of a Community trademark download
Three recent decisions have considered the question of proving genuine use of a Community trademark, but arguably we are none the wiser following these decisions.
The principle that a US patent holder cannot charge royalties for the use of their invention after the relevant patent term has expired has recently been the subject of a challenge in the US Supreme Court.
Passing off and the test for genuine use in the European Community of a Community trademark download
The Intellectual Property Enterprise Court has delivered a judgment that both highlights the importance of passing off and clarifies the meaning of ‘genuine use’ of a Community trademark.
The Office for Harmonisation in the Internal Market has altered its practice regarding colour variations of marks.
US rapper Jay-Z had successfully defended a claim brought by a sound engineer who was claiming to be the joint owner of the copyright in three albums produced by Jay-Z’s record label.
A recent application has been heard in relation to the admission of survey evidence in a trademark and passing off claim.
The German Federal Court has delivered a judgment on whether the playing of background music at a dentist’s was a ‘communication to the public’.
The High Court has rejected an appeal against the refusal of an application for registration of the name CANARY WHARF as a trademark.
The Court of Justice of the European Union has delivered a ruling in respect of the distribution right set out in Article 4(1) of the Copyright Directive.
Morally questionable trademarks download
National and regional trademark laws will invariably stipulate that a trademark cannot be registered if its registration would upset accepted standards of morality.
Where the relevant public has a basic knowledge of Arabic, this should be taken into account.
Have you registered a .sucks domain? download
Maybe you should, before a cunning rival adds it to your online name.
Hashtage in the infringement frame.
ISP ordered to take measures against its subscribers.
A round-up of the latest intellectual property issues, including parody and theatrical copyright, Instagram and copyright, an album copyright dispute, and Rihanna.
Chanel has successfully opposed the sign BOY CAPEL, based on its prior registration of BOY CHANEL, and other developments.
In a summary judgment decision, HHJ Hacon in the IPEC found that the registration by an employee of the defendant of domain names constituted passing off.
The claimant was the proprietor of the mark PUMA used in connection with sportswear. The defendant, a T-shirt design company, was the registered proprietor of the mark PUDEL (‘poodle’ in English), which was registered later.
In Maier v Asos Plc the claimant was appealing against a High Court decision that there was no likelihood of confusion between the defendant’s word mark ASOS and its own word mark ASSOS.