tag:blogger.com,1999:blog-5574479.post115249405703985146..comments2024-03-29T06:00:27.896+00:00Comments on The IPKat: When is it better not to have a trade mark?Verónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-5574479.post-87733233054546592762009-07-27T08:57:02.057+01:002009-07-27T08:57:02.057+01:00Surprised there's much of a market for these ...Surprised there's much of a market for these things any more. If I had £300 going spare I'd be buying the finished cake in mega quantities from Asda, or in slightly less mega quantities from Waitrose.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-64759058906536881442009-07-24T18:15:13.368+01:002009-07-24T18:15:13.368+01:00I agree with Annon. They look very different. Th...I agree with Annon. They look very different. The kMix is rather ugly and the KitchenAid is quite pretty, though it would be better in pink.goldenrailhttps://www.blogger.com/profile/07257965659017173039noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-48097246435401248032009-07-24T17:53:00.095+01:002009-07-24T17:53:00.095+01:00The appliances might well look quite different, as...The appliances might well look quite different, as an Aston Martin undoubtedly does from a Peugeot 205, but that does not make this a matter that trade mark law should have anything to say about. The registration was contrived in the first place, and the judgment suggests that the time spent contriving to get it registered was time wasted. The question is whether the trade mark was infringed or not, and it would absurd and trade mark law could surely be said to have massively overreached itself had it been answered otherwise.Peter Groveshttps://www.blogger.com/profile/05020506617934637856noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-6870935890561843782009-07-24T12:04:14.362+01:002009-07-24T12:04:14.362+01:00Well, actually OHIM DID refuse to register the sha...Well, actually OHIM DID refuse to register the shape as a CTM. However, OHIM practice is register even non-distinctive shapes if they are used with a distinctive element, such as a distinctive word. When OHIM refused to register the shape, Whirlpool pointed out that the image of the shape had the word KITCHENAID on it and that this was distinctive so the whole thing was distinctive. OHIM agreed and registered the mark. (The whole sorry tale is detailed at the beginning of the 1st Instance judgment). The validity of the mark wasn't registered and OHIM practice is not to include disclaimers here and so Mr Hobbs QC held that the correct thing to do was to consider the entire mark as registered, shape and all. <br /><br />One wonders why there wasn't a stronger consideration of giving particular emphasis to the distinctive and dominant elements in making the comparison between the marks.Unknownhttps://www.blogger.com/profile/10039719612905080618noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-66458079172361200232009-07-24T09:39:21.786+01:002009-07-24T09:39:21.786+01:00Maybe the IPKat needs to get INTO the kitchen more...Maybe the IPKat needs to get INTO the kitchen more...these two designs whilst similar are absolutely different in the eye of the consumer. Playing devil's advocate, would the IPKat make the comment that, for example, the average consumer could confuse an Aston Martin with a Peugeot 205 because 'all cars look the same'?! I think not. This case relates to CTMs and whilst seemingly the IPKat would like to see CTMs fulfilling the exact same role of a CDR, they are two different beasts. Many IP practioners would take a punt if it increases the chance of obtaining added protection for their client. Unfortunately in this instance it didn't pay off. Methinks that if this had been a design registration things would have turned out differently.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-4075229940773198002009-07-24T09:25:10.306+01:002009-07-24T09:25:10.306+01:00DJ Cat Food (DJ Nekomeshi) could actually be quite...DJ Cat Food (DJ Nekomeshi) could actually be quite an appropriate picture ...Anonymousnoreply@blogger.com