Today is the 80th birthday of Michael Bond, creator of that marmalade sandwich-eating ursine superstar and all-round English/darkest Peruvian eccentric Paddington Bear.
The IPKat reckons that the following questions need to be answered for the piece of mind of IP lawyers everywhere:
*Is the recipe for Paddington Bear’s marmalade sandwiches protected as confidential information? Does their composition give right to an Art.8 claim under the Human Rights Act?
*During his lifetime, PB has had many facelifts (his official website lists 8). Would the use of any one of those images be sufficient to maintain the trade mark rights in all of the other images? A related question – does the use of an image of Paddington Bear wearing Wellington boots constitute use in a form differing in elements which do not alter the distinctive character of the mark when compared to Paddington without his wellies for the purposes of avoiding revocation?
*Is the mark PADDINGTON BEAR prima facie barred from registration since it (i) is descriptive of a bear who arrived or is from Paddington or (iii) includes a geographical term that other traders may need to use.