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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.
The music industry is no stranger to cases of copyright infringement.
In C More Entertainment v Sandberg the claimant was a Swedish pay-TV company that broadcasts ice hockey matches on its website, upon payment of a fee.
Katy Perry, following her performance at this year’s Superbowl, has since tried to register the Left Shark design as a trademark.
The General Court has delivered a significant ruling on the invalidity of a Community trade mark for lack of distinctive character.
In March, MPs backed legislation for the plain packaging of cigarettes. Health campaigners have welcomed the news; tobacco companies have not.
Contrasting decisions involving applications for registrations of the respective marks GREEN SMOKE and GREENWORLD are instructive in highlighting registry approaches to the concept of distinctiveness.
Boeing recently filed a patent application related to the 3D printing of replacement aircraft parts – just one of an increasing number of filings related to 3D printing.
A round-up of cases including Nissan Jidosha KK v OHIM and OHIM, Opposition No B 2 340 704, eBay Inc v Omnicom International Holdings Inc.
Walker Morris has successfully acted for an applicant for invalidity in respect of the registered mark SOLAFIELDS.
The French Supreme Court has rejected an appeal by magazine owners against a decision of the Paris Court of Appeal that it could not claim infringement of marks MATCH and PARIS MATCH by the dating website Match.com.
A practice note has been published to address concerns that parties to hearings before the registrar are filing large volumes of irrelevant or unnecessary evidence...
Copyright protection for ’artistic’ replica products is to be extended.
Trademarks: registry review download
A round-up of cases including: Husky CZ sro v OHIM; Red Bull GmbH v OHIM; Environmental Marketing Ltd v OHIM; and Facebook Inc v Collector Consulting.
Mr Justice Birss has refused an application by the defendant in patent proceedings to re-open the trial and to permit it to amend its pleadings to plead new prior art.
A claim cannot be brought if the threat is not “groundless”.