The team is joined by GuestKats Mirko Brüß, Rosie Burbidge, Nedim Malovic, Frantzeska Papadopolou, Mathilde Pavis, and Eibhlin Vardy
InternKats: Rose Hughes, Ieva Giedrimaite, and Cecilia Sbrolli
SpecialKats: Verónica Rodríguez Arguijo (TechieKat), Hayleigh Bosher (Book Review Editor), and Tian Lu (Asia Correspondent).

Wednesday, 14 December 2005


Seulement en Francaise

It's only in French, but it's a decision of the Court of First Instance on the registrability of a sign as a Community trade mark. The case is Case T-169/04 Arysta Lifescience SAS v OHIM, BASF AG.

The IPKat thinks that this is what it's about. Arysta's application was for CARPOVIRUSINE and BASF had an earlier national registration of CARPO, both for products in Class 5. The rest would be guesswork, the IPKat regretfully concedes, but it looks to him as though BASF's opposition succeeded and that Arysta's appeal has been dismissed. If anyone can corroborate by posting a note below, the Kat will glow with happiness.

Merpel tells the IPKat, the only thing YOU glow with at this time of year isn't information about CFI decisions ... but she wonders if CARPOVIRUSINE is some sort of fish vaccine.

Interim damages awards

Right: the Kat is always on the lookout for useful practice tips

On Monday the IPKat was asking about interim damages awards in infringement cases, where damages might be paid over to a successful claimant who might later have to pay them back. Since then he's received several emails/phonecalls from people saying things like "oh, what an interesting question" or "I do look forward to seeing the answers" - but he's received no answers himself. Is this something that has happened so infrequently that no-one has any familiarity with the relevant issues at all? Or it is something that is often raised but gets shot down in flames by unsympathetic judges? If you do know anything about this subject, or can recommend a good read, please share it here or post a comment below. By the way, this inquiry is NOT confined to UK law and practice. Anyone can chip in ...

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