The team is joined by Guest Kats Rosie Burbidge, Stephen Jones, Mathilde Pavis, and Eibhlin Vardy, and by InternKats Verónica Rodríguez Arguijo, Hayleigh Bosher, Tian Lu and Cecilia Sbrolli.

Wednesday, 24 May 2017

Never Too Late: If you missed the IPKat last week!

If the first hot and sunny days of the year have distracted you from the IP news, no problem! The 148th edition of Never Too Late is here to (re)freshen you up.

Typical late spring Kat waiting to catch...some sun
Book Review: Russell-Clarke and Howe on Industrial Designs The 9th edition of the go-to practitioner's text for design law in the UK is out. Extensively updated, it is the definitive guide to the protection of industrial designs in the UK.

Scope of review by the General Court of decisions by the EUIPO Board of Appeal: the last act in LAGUIOLE Former Guest Kat Valentina Torelli talks about the guidelines set in the LAGUIOLE case, where the Court confirmed that the GC must apply rules of national law where Article 8(4) EUTMR is invoked in proceedings before the EUIPO.

Dining out on trade marks - ZUMA - the own name defence for pets and groundless threats The case Azumi Ltd v Zuma's Choice Pet Products Ltd [2017] EWHC 609, saw the trade mark dispute between a premium dog food company and a high-end Japanese restaurant in London. A fight to the bone!

The popular China copyright monitoring website 101 On April 19, the Copyright Society of China announced the official online Copyright Monitoring Center. Kat Tian Lu discussed the highlights of the service and the emergence in China for the need of “pay for copyright”.

Where are the women? Supreme Court hosts London launch of ChIPs with call to action to advance women in tech, law and policy The AmeriKat discusses the ChIPs meeting in London, a full-house event held by the non-partisan, non-profit organisation, where the ups and downs of women in tech, law and policy were analysed.

Br*x*t and brands – out of the EU in 680 days What will happen to IP rights in a post-Brexit world? Former Guest Kat Darren Meale discerns the question in all of the IP facets, also reassuring the IP world that together any change can be solved.

In memoriam: Adolph Kiefer, Olympic gold medalist, innovator and inventor extraordinaire Adolph Kiefer, a world record holder and Olympic champion literally swam in talent, as he was not only an aquatics sport prodigy, but also an innovator, as in the 60's and 70's he filed several utility and design patents. The IPKat celebrates his polyhedral talents.

Digital copies, exhaustion, and blockchains: lack of legal clarity to be offset by technological advancement and evolving consumption patterns? Kat Eleonora Rosati talks about this particularly complex issue, by discussing the relevant case -law and by giving the latest updates, notably about the first 'disintegrating e-book'. Stay tuned.

German TV show allowed to call right wing politician 'Nazi sl*t', Hamburg court rules This interesting case deals with the concept of satire, where the court seised deemed that the use of the terms was an hyperbole and not an implication of support of the ideology. Katfriend Mirko Brüß reports.

Latest leak reveals that review of EU IP enforcement framework is currently in a deadlock The enforcement framework of the Digital Single Market Strategy seems to not have progressed in the past two years, according to a leaked Commission internal note. Will the enforcement framework be changed? To be continued...


PREVIOUSLY ON NEVER TOO LATE
Never Too Late 147 [week ending on Sunday 7 May] Deterrence sentencing for copyright infringement: Court of Appeal gives guidance I AIPPI Event Report: Will the Unwired Planet v Huawei FRAND judgment lead to fewer NPEs? I Unjustified Threats Bill receives royal assent I"Socialistic brand": a unique category of vintage brand I Movement afoot in the patent scene in Argentina I‘Right to be forgotten’ may potentially apply to all top-level domains, says Swedish Data Protection Authority I A General Civil Restraint Order against issuing further IP claims - Is this the end of the Perry v Brundle saga? I Monday Miscellany, Wednesday Whimsies

Never Too Late 146 [week ending on Sunday 30 April] Italian court finds Google and YouTube liable for failing to remove unlicensed content (but confirms eligibility for safe harbour protection) I Happy World IP Day! I Protecting the SOVEREIGN - The Royal Mint v The Commonwealth Mint I BGH on the freedom of the seas, ahm, panorama I ESPN: When Teflon is not enough in the face of platform disruption I BREAKING: CJEU in Filmspeler rules that the sale of a multimedia player is a ‘communication to the public’ I Filmspeler, the right of communication to the public, and unlawful streams: a landmark decision I Varsity Brands and Star Atheltica - A Closer Look I Court of Appeal dismisses Huawei's first appeal in Unwired Planet patent fight I Once upon a time: Inventive step argumentation as storytelling I Tuesday Miscellany, Around the IP Blogs, Never Too Late

Never Too Late 145 [week ending on Sunday 23 April] Should investment in innovation worry about geographic dispersion? Steve Case says "yes", but what about Pareto?|Trade mark trolls in Cuba: an update|Double-check your docketing!|Fordham 25|Unwired Planet v Huawei: Is FRAND now a competition law free zone? Not so fast…|European patent troll boom spurs Google, Adidas, Intel & Daimler backed IP2Innovate to demand Commission "get tough with US patent trolls"|AIPPI Report: Recapping 2016's most important soft IP cases

Never Too Late 144 [week ending on Sunday 16 April] Around the IP blogs |Time to celebrate, debate and have fun! Register for Fordham IP conference's 25th anniversary|Commission Roadmap: No Directive on SEPs (for now)|Author of Wall Street Charging Bull is raging over Fearless Girl, but does he have a valid moral right claim?|Launch Event: Advancing women in tech, law and policy, ChIPs comes to London on 27 April 2017|Am I covered by that UK copyright exception? Here's my checklist|Fujifilm v AbbVie: practice, procedure and policy analysis|Overturning a trade mark opposition decision - Part 2 - SOULUXE - likelihood of confusion|Overturning a trade mark opposition decision - Part 1 - IWATCH, descriptive goods and acquired distinctiveness

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