For the half-year to 31 December 2014, the IPKat's regular team is supplemented by contributions from guest bloggers Rebecca Gulbul, Lucas Michels and Marie-Andrée Weiss.

Regular round-ups of the previous week's blogposts are kindly compiled by Alberto Bellan.

Sunday, 10 December 2006

NOT BERRY NICE


The IPKat learns from Engadget of a new spate of berry-inspired litigation. RIM has filed a claim in Los Angeles, arguing that Samsung’s BlackJack handset infringes RIM’s BlackBerry trade mark.

The IPKat doubts whether there would be any confusion, but he suspects that it’s more than coincidental that Samsung has chosen, of all the possible names, one beginning with the word ‘black’. Having said that, while unfair advantage is actionable in the EU, it isn’t in the US.

1 comment:

Anonymous said...

If IPSEI and PEPSI are likely to be confused under 5(2) (see Registry decision), then they may well have no need of an unfair advantage cause. These days 5(2) seems to be as elastic as the courts want it.

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