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IP Matters, Nov 2015: the footballer and the bad doll; the Batmobile Gotham deserves; and more download
Also: ’Make America Great Again’ TM; another triumpph for Jay Z; and more...
In 2012 a court ruled that the design infringed Haribo’s GOLDBÄREN (in English, “Gold Bear”) word mark.
The EU General Court has upheld an opposition by Lacoste to an application for registration as a Community trademark of the name ’Kajman’ (meaning caiman in Polish).
Good news and bad news for Apple download
The latest round of the patent litigation involving Apple and Samsung has commenced.
Wearable tech, although regarded with some scepticism now, may turn out to be an IP minefiled...
The case is now remitted back to the High Court although the expectation must be that, applying the CJEU ruling, Nestlé’s appeal against the UK IPO decision will be refused.
Can a monkey own copyright? download
Animal rights activists in California have instituted proceedings asserting that a monkey owns copyright in a photo.
It is not clear whether Disney will oppose the application of Dismaland’s Community trademark and whether, if it does so, such opposition would be successful.
Where data is passed to third parties companies must ensure they have express opt-in consent.
Can a trademark proprietor stop a third party from placing goods covered by the trademark under a duty suspension arrangement, having introduced them into the EEA without the proprietor’s consent?
Quite what ‘obvious to try’ means in practice is not clear but the Court of Appeal has recently provided some guidance.
Cheerleaders' outfits and copyright download
Uniforms produced by Varsity ruled ’conceptually separable’ from the utilitarian function of a cheerleader’s uniform.
We continue to read of copyright disputes in the music business and this month is no exception.
The Russian company FKP Sojuzplodoimport and the Dutch company Spirits International have been in dispute for several years regarding the ownership of vodka trademarks.
YSL and the Skinny Love trademark download
Yves Saint Laurent has failed in its opposition to the Swiss registration of the mark SL Skinny Love...
Application for registration of “Montussan” can proceed because the location is unknown to US consumers...
How patent disputes can affect customers.
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.