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, 7 March 2016

Never too late: if you missed the IPKat last week

Last week was a very busy one for the IPKat blogging team. So, if you missed the action on this weblog, here is Round-up No 86:
Earlier this month, the Court of Appeal rejected an appeal and cross-appeal in the long running trade mark and passing off "Glee" dispute between Comic Enterprises and 20th Century Fox (Comic Enterprises Ltd v Twentieth Century Fox Film Corporation [2016] EWCA Civ 41), previously reported on IP Kat here, here and here. The Court of Appeal considered certain issues afresh, and its reasoning is instructive, particularly in relation to 'wrong way round' confusion evidence. The floor goes to Katfriend, Eibhlin Vardy (A&O).

* The IPKat team: news, new arrivals and farewells

With Spring fast approaching, the IPKat is also embracing the impending season of renewal and growth with exciting announcements on this season's IPKat blog team. Meet Emma, Nedim, and Mike!

* Of stripes, positions, and shoes: CJEU's decision in Adidas three-stripe case

This is about the Court of Justice of the European Union's (CJEU) decision in Shoe Branding Europe BVBA v Adidas and OHIM [Case C‑396/15 P], another trade mark case upon parallel stripes and shoes. Imogen Fowler and Iza Junkar (Hogan Lovells) tell all.

* It's that time of year again

April 26 is the World IP Day. This year the theme is "Digital Creativity: Culture Reimagined". David reports of the most relevant IP-related events in the UK and beyond.

* AG Saugmandsgaard Øe says that failure to pay private copying levy is a tort (for the sake of establishing jurisdiction)

Eleonora pens of the Opinion of Advocate General (AG) Henrik Saugmandsgaard Øe in Austro-Mechana, C-572/14, a reference for a preliminary ruling regarding interpretation of the private copying exception within Article 5(2)(b) of the InfoSoc Directive.

* EPO deal with trade union - not what it seems

The European Patent Office has just announced a "landmark deal" in the signing of a Memorandum of Understanding with FFPE-EPO, which is a trade union of EPO employees. Merpel reports.

* OLG Munich: YouTube not liable for damages for hosting copyright infringing content

Mark pens of a recent decision of the Oberlandesgericht Munich, which held that YouTube is not liable for financial damages for hosting copyright-infringing videos.

* How much? Full-time UPC judges will earn €132,000 - €144,000 net a year

Following last week's Preparatory Committee meeting where the topics of opt-out and court fees were agreed (see post here), the judicial salaries for full-time Unified Patent Court judges have been announced. Annsley breaks the news!

* The UK Implements the Unitary Patent - Statutory Instrument passed
Darren and his colleague Robert Barker pen a detailed post upon the Statutory Instrument that will implement the Unitary Patent and Unified Patent Court in UK law, which was approved by the House of Commons on 1 March and the House of Lords on 2 March. 

* No strict liability for infringement in online advertising, says the CJEU

This post of mine is about the Court of Justice of the European Union's (CJEU) decision in Daimler AG Együd Garage Gépjárműjavító és Értékesítő Kft (C-179/2015). The ruling addresses the notion of "use of trade mark" in on-line advertising and explores possible remedies against trade mark infringements on the internet.

* A Monsanto case that could alter the dynamics of technology transfer to India

Katfriend Prashant Reddy pens about a wide legal dispute between Monsanto and some Indian seed companies, backed by the Indian government (& state governments). It involves the use of price-control legislation to fix IP licensing fees, the demand for compulsory licences for Monsanto’s patent over its Bt technology, demands by state governments for the outright revocation of Monsanto’s patent over its Bt technology, and an ongoing investigation into Monsanto’s licensing deals.

* Online image search: does France think that the best way to help copyright owners is to deprive them of their rights?

France has just entered the debate concerning whether any fee should be paid for indexing content online, though from a different angle. Debate in France is not about news content, but rather images, recounts Eleonora.

* Stockholm District Court refuses to issue blocking injunction against access provider

Nedim's first post is about a recent decision of the Stockholm District Court, which rejected an application to issue an injunction against a Swedish internet access provider to block access to torrent sites The Pirate Bay and Swefilmer.


* “Verlados”, “Calvados”, GI's and the question of "evocation"

Lindesay Low, Senior Legal Counsel at the Scotch Whisky Association, shares his thoughts on the recent decision Viiniverla Oy V Sosiaali- ja terveysalan lupa- ja valvontavirasto (C-75/15), where the CJEU considered whether the use of the name “Verlados” on a Finnish cider spirit, was an illegal evocation of the geographical indication “Calvados”.

* Carnival Copyright Confusion – rival collecting societies baffle party promoters

Carnival is a big deal in Trinidad. Behind the revelry and partying is an unappreciated copyright backstory, concerning sometimes acrimonious and complicated licensing issues regarding the music and live performances that are central to the festivities.  Emma recounts the state of confusion of copyright in Trinidad’s Carnival industry also via a lovely song of this year’s popular Carnival tunes, which she amended for the Kat-readership's pleasure. 

* Your one-off chance to boost your EU trade mark portfolio: how it will work

Now that OHIM has decided how Article 28 declarations are going to work, Darren Meale, of Simmons & Simmons, London, offers his further thoughts on what to expect.



Never too late 85 [week ending on Sunday 28 February] – AG Yves Bot's take in Reha Training | Battistelli having hard times | Blocking injunctions in trade mark cases | AIPPI UK event | Patent Enforcement Worldwide | Why Mickey Mouse is not mickey mouse | UPC court fees.

Never too late 84 [week ending on Sunday 21 February] – Domain Name Law and Practice | Unwired Planet v Huawei and Samsung | In memoriam of Justice Antonin Scalia | Celltrion Inc. v Biogen Idec Inc., F. Hoffmann-La Roche AG and Genentech Inc. | Design v Copyright in Italy | Unitary patent and double patenting | Regeneron Pharmaceuticals Inc v Kymab Ltd & Anor | IKEA in Indonesia | Eli Lilly v Janssen Sciences.

Never too late 83 [week ending on Sunday 14 February] – Indigenous IP | Arnold J's latest judgment flags down the iconic London black cab | Life of a national/EU trade mark ... in a map | A comprehensive explanation of trademarks | Actavis v Lilly.

Never too late 82 [week ending on Sunday 7 February] – PhD Student Seminar at CIPA | IP meets Antimonopoly law in Japan | German Federal Patent Court invalidates 80% of litigated patents | Inquiry as to damages: no longer a rare avis? | US trade secrets | Trends in IP Data | EPO's new Chief Economist | GIFs and copyright | Katcall for new positions in the IPKat team | Star Wars IP.

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