Those images of trade marks that refuse to be shown on the Curia website (see earlier post here) are still rankling with the IPKat. The results of the snap (40 hour) poll of readers indicated that, of 128 respondents, 126 stated that they were unable to view either of the images which the Court of First Instance was comparing in Case T-307/08 Aldi Einkauf v OHIM. The Kat has subsequently written a message to the Curia's innominate contact (the contact details are here). The message reads as follows:
"To whom it may concern
I write on behalf of members of the community of trade mark proprietors, practitioners, academics and students who regularly access judgments on the Curia website on appeals relating to Community trade marks.
Having accessed Case T-307/08 Aldi Einkauf v OHIM I discovered, not for the first time, that neither of the images which the court sought to compare were accessible to me. I subsequently conducted a poll of readers of the IPKat weblog (www.ipkat.com) which indicated that, of 128 readers who visited Case T-307/08, 126 reported that they could not access any images.
I write to request that appropriate measures be taken to rectify the position as swiftly as possible and to post the relevant graphic images in a manner in which they can be viewed by a readership that includes Judges, Trade Mark Registry administrators and hearing officers, trade mark attorneys, regular attorneys and commercial decision-makers.
The IPKat".Alas, the story doesn't get much better at this point. The IPKat has made eight attempts to post this message so far, but all he gets is this notice, which says
in no fewer than 23 languages.
STOP PRESS: Curia server still down at 8.16pm, but the message went through at 8.26pm.