Goodness, how quickly the IPKat's friends have been registering for his 10th birthday event on Wednesday 12 June (on which you can read all the details here). The special seminar was only announced at mid-day on Friday and here we are, on the next working day, with over 180 good souls already registered. The theme of IP and the Social Media is a live one, and the team of speakers will be reviewing several different IP-related aspects of the phenomenon. As if this wasn't enough, refreshments and CPD points will be available. The venue is kindly provided by Allen & Overy LLP in its cosy London office and there is no charge for attending -- so do come and join us!
Piers Strickland (not to be confused with the similarly-named IP barrister Piers Acland, whatever that court might say) comes a handy note on a recent decision, Case T-444/10 Esge AG v OHIM, De’Longhi Benelux SA, in which that august tribunal held that an OHIM Board of Appeal had properly dismissed an opposition to registration of the word KMIX as a Community trade mark (CTM) for various kitchen appliances in Classes 7 and 11. The opponent relied on an earlier CTM for the word BAMIX, which covered identical or similar goods. Said the court, the sign and the mark were not visually similar: the fact that the respective marks contained different prefixes and different numbers of letters outweighed any common characteristics (such as the suffix “mix”). A conceptual comparison was not possible, as the signs were “meaningless”. Adds Piers:
The IPKat's keen ears picked up news of an amusing incident arising from this case. Esge's lawyer at the hearing was struggling to persuade the Court that “kmix” could be pronounced “kamix” by certain French and German speakers. This submission was challenged in court when one of the judges questioned the lawyer about whether his name (which happened to be Herr Klink) could seriously be claimed to be pronounced “ka-link”. Happily Herr K was able to announce to his judicial inquisitor that someone manning security on the way into court had indeed addressed him as Mr Ka-link, to the general amusement of those in court -- both on the bench and before it.
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