The Old Nick, is holding a debate on 28 April 2015 at 6:00 pm for 6:30 pm. The Motion is “This House believes that there is no sanction for unreasonable behaviour in the IPEC [this being the Intellectual Property Enterprise Court, England and Wales, which has also become something of a judicial laboratory in which new ideas can be tested out]”. The debate, which features solicitors from the firm plus real live barristers, will be chaired by Michael Fysh QC SC at the Collyer Bristow Gallery, 4 Bedford Row, London, WC1R 4TF. Seating is limited, so please reply as soon as possible to firstname.lastname@example.org if you're hoping to attend.
2 and 3 September 2015 at the University of Glasgow, Scotland, and there are loads and loads of details here.
here) on 22 and 23 June 2015 at the University of Exeter. According to the organisers' blurb, "This inaugural event will be focusing on the role and impact Intellectual Property Laws have had in the Arts and Sciences including their respective industries". Keynote addresses are being given by fellow Kat and copyright scholar Eleonora, as well as Lionel Bently, Charlotte Waelde, Graeme Dinwoodie and Elif Shafak (TBC) as keynotes for the event. For further details, just click here.
made mention of a recent OHIM Board of Appeal ruling regarding non-use of the WEBSHIPPING Community trade mark and whether the fact that an alleged infringer was carrying on using your mark even after a court had ordered it to stop was a proper reason for non-use. Well, following that blogpost, this Kat received a neat note from Katfriend and experienced trade mark attorney Claire Lazenby who told him this:
"I had a client who owned the CTM registration of ITSFRIDAY for a website guide to cultural and entertainment events. The Daily Mail had been using IT’S FRIDAY as the name for its review section in its newpaper for some time, and the paper then applied for a UK registration of IT’S FRIDAY which my client opposed on the basis of his CTM. My client, who was a cautious man, did not wish to enter the UK market with his CTM mark until such time as he had succeeded in getting a refusal of the newspaper’s UK application. When the applicant for the IT’S FRIDAY UK application then applied to revoke my client’s CTM registration on grounds of non-use, OHIM did not accept that my client’s caution was a proper reason for non-use [in the end my client won the opposition in the UK, he then launched his business, and got a fresh CTM to take the place of the one which the Daily Mail had revoked, but then, very sadly, he died only a year or so after his launch]. A copy of the OHIM decision can be read here.
The ITSFRIDAY facts are not quite the same as WEBSHIPPING, and the scale of use in WEBSHIPPING is of a much greater magnitude than the IT’S FRIDAY use by the Daily Mail. Even so, I think like you do – that it is odd that the “we could not freely use our mark because someone else was infringing our rights in it” would succeed".The IPKat has since been informed by genial fellow blogger and jolly nice fellow Gilberto Macias that, as this Kat had predicted, the Board of Appeal decision in WEBSHIPPING has been appealed, as Case T-142/15 - DHL Express (France) v OHIM - Chronopost (WEBSHIPPING).
here. Elsewhere, Kingsley Egbuonu posts Part II of his article on busy times in WIPO for Africa, and Mark Schweizer garlands the Class 46 blog with two recent 'corrections' of over-restrictive IP Office decisions that knocked out perfectly good marks (COS and STELA) on account of their geographic significance.