From October 2016 to March 2017 the team is joined by Guest Kats Rosie Burbidge and Eibhlin Vardy, and by InternKats Verónica Rodríguez Arguijo, Tian Lu and Hayleigh Bosher.

Monday, 6 April 2015

Never too late: if you missed the IPKat last week

Never Too Late is now 40! That's the number of weeks that this weblog has been furnishing readers with short notes on all those Katposts that you might have missed last week.  Once again this list has been put together with patient enthusiasm by Katfriend extraordinaire Alberto Bellan. The previous week's Katposts lined up like this:
Jeremy reports on Case T 378/13 Apple and Pear Australia Ltd and Star Fruits Diffusion v OHIM, Carolus C. BVBA, a decision where the General Court of the European Union addressed the issue of whether and to what extent OHIM is bound to comply with earlier res judicata decisions of national Courts.

* Litigation with friends: a Scramble for Scrabble in the Court of Appeal

Former guest Kat Darren Meale is back to treat us to his account of JW Spear & Sons Ltd & Others v Zynga Inc [2015] EWCA Civ 290 [on which see the earlier Katpost here], where Mattel makes everyone’s favourite word-forming board game, Scrabble (although this ex-Kat prefesr Bananagrams). Zynga, the online social games company, operated SCRAMBLE and SCRAMBLE WITH FRIENDS.

* Onward march to Nagoya - UK and EU draft implementing regulations

The Nagoya Protocol on Access to Genetic Resources is back, and Darren explains what the EU and US draft implementing regulations are about.

* Making available does not mean communication: still on the C More decision

Eleonora goes back to the Court of Justice of the European Union (CJEU) decision in C More Entertainment AB Linus Sandberg, C-279/13, already reported on this blog here. A decision that many expected simply to apply earlier CJEU case-law turns out to be pretty shocking, writes Eleonora.

* Brown epilators? There may still be one in Albania

An exciting seizure of fake epilators has just taken place in Albania, and Jeremy couldn’t wait to report it.

* A Kat revisits Broccoli & Tomatoes, part deux - what does it all mean?

Darren provide further food for thoughts on the recent couple of Board of Appeal decisions G2/12 Tomatoes II and G3/12 Broccoli II, which related to an exception to patentability and which David reported on this weblog a few days ago.

* BREAKING NEWS: It's official -- the law is an ASOS, or is it an ASSOS ...?

ASOS v ASSOS has been quite a battle, with litigation over the ASOS Community trade mark reaching the General Court of the European Union [see Case T-647/11 , noted here by the IPKat] and with no fewer than three clashes between the parties in the High Court [here, here and here].  Last week it was the turn of the Court of Appeal, England and Wales, to give judgment, Jeremy recounts.

* BREAKING: Dutch court refers questions to CJEU on e-lending and digital exhaustion

Another juicy reference to the CJEU regarding exhaustion and lending in the digital world comes from the Court of First Instance of The Hague, Eleonora breaks the news.

* Are you a Klingon or a Replicant? Do you work in IP? If so, read on

The Chartered Institute of Patent Attorneys (CIPA) is recruiting volunteers for a project aimed to promote diversity in the IP community, Jeremy informs us. Diversify yourself!

* An eminent analysis of G 3/14 [Examination of clarity in opposition]

Daniel X. Thomas, former Director of DG1, trainer, lecturer and speaker on EPO opposition and appeals practice (among other topics) is so kind to make available his take on decision G 3/14 from the EPO’s Enlarged Board of Appeal, which has restated the law regarding the examination of clarity in opposition proceedings [on this see the IPKat’s post here].

* UPC Mock Trial - a Kat reports from Paris

Sitting in a conference hall in Paris, Darren reports on a mock trial according to the 17th draft of the Rules of Procedure of the Unified Patent Court. This is part one…

* UPC Mock Trial - a Kat reports from Paris - Part deux

… and this is part two -- pardon, deux.

* Posh wash or Porsche? Ukrainian soap-maker can't clean up in Russian court

“The Russian IP Court recently rejected a non-use cancellation action filed by the Ukrainian soap maker Slobozhansky Mylovar against German automobile manufacturer Porsche AG’s Porsche, Porsche Cayenne and Porsche Stuttgart trade mark registrations”. Here Jeremy picks up a news item from his friends at Petosevic.

* The Lincoln Continental (for you millennials, it was once a car) makes a Chinese comback

Ford has just announced that the epic Lincoln Continental full-size sedan is being brought back. What exactly will be the brand message for the new Continental, wonders Neil? 

* BREAKING: Copyright, links to leaks, celebrity pics and free speech as CJEU to get a dekko at Dekker

Katfriend Tobias Cohen Jehoram (De Brauw Blackstone Westbroek NV, Amsterdam) recounts a Dutch tale of links to unpublished pictures of a local celebrity named Britt Dekker before their launch on Playboy.

* Have a niche time! New inductees to the IP Hall of Fame 2015

Merpel announces the names of this year's five inductees to the IP Hall of Fame, with one big, big surprise that makes this weblog really, truly proud.



Never too late 39 [week ending Sunday 29 March] – Merpel writes to the EPO AC | CJEU and hyperlinks | New gTLD regime | AG on TM reputation and genuine use in Case C‑125/14 Iron & Smith Kft v Unilever NV | AMBA speaks | Digital exhaustion | CJEU on linking to live shows in Case C-279/13 C More Entertainment| EPO Enlarged Board on amendments’ clarity in G 3/14 | EPO on patentability in cases G 2/12 (Tomatoes II) and G 2/13 (Broccoli II) | EPO responds to staff union | TVCatchup back to the CJEU | Translations and prior art | District Court of Hague on patented red radishes | GC on polo trade marks in Case T 581/13 Royal County of Berkshire Polo Club v OHIM - Lifestyle Equities (Royal County of Berkshire POLO CLUB) | Trade mark trolls in Cuba.  
Never too late 38 [week ending Sunday 22 March] - Escalating prices of generic drugs in the US | EU Patent Package is not that dangerous | Hollywood screening rhythm | GC on 'Greenworld' trade mark in T - 106&14 | Spanish life after Google Tax | Africa and IP | GC on 'Smart Water' in Case T-250/13 | 'EPO does not violate fundamental rights', says EPO | Coca-Cola look-alike trade mark in GC's decision T-3284/13 | International Women's Leadership Forum | Acronyms in descriptive trade marks | Albert Maysles tribute | UK visits Eponia | EQE Pre-exams results | X-Factor New Zealand and image rights | CJEU is Magnetic in C-182/14. 

Never too late 37 [week ending Sunday 15 March] - EPO v EPO’s staff | EPO’s Board of Appeal’s reform | Unitary Patent’s fees | Pinterest’s Community Trade Mark pinned down | Australian compulsory licences | Is COMFYBALLS trade mark offensive? | Oprah Winfrey and OWN YOUR POWER trade mark | EPO December Administrative Council Meeting | Blurred Lines | Again on Actavis v Boehringer | Is the EU Patent Package diminishing the EU’s powers? | EPO Administrative Council and Board of Appeal’s removal.

Never too late 36 [week ending Sunday 8 March] - EPO's Enlarged Board of Appeal (EBA) says Chairman can disobey | OHIM is too rich to be true | eLAW’s TM infringement checklist | Human right and IP | Again on Warner-Lambert v Actavis | Seiko and Seiki in Singapore | The politics of US patent law reform | Haribo v Lindt Goldbear wars | Patent trolls | Private copying | Wu-Tank and copyright | CJEU on private copying inCopydan | Breakdown in management-staff relations at EPO | New plant variety reference reached the CJEU | Cindy Crawford’s picture copyrightwise | CJEU on ebook’s VAT means something copyrightwise | A patent Kat investigate soft IP world | David Couture v Playdom. 

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