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Criminal sanctions for IP infringement

Shamnad Basheer says:

"Please see this site (Kat's note: it's Rouse & Co. International). Apparently, following a recent decision of the ECJ clarifying the basis on which Community legislature may provide criminal sanctions, the European Commission has decided to withdraw its previously published proposals for the harmonisation of criminal sanctions relating to counterfeiting and piracy. A new proposal will be introduced in 2006".

The IPKat says that this is one area in which the Commission will have to get everything exactly right


Kitty litter

Bill Ladas has some more examples of kitty litter (see blog of 8 December 2005). He writes:

"Here are a few examples of incorrect use of IP terminology for you to get stuck into (at least the first two are, I included "synonym" as I'd never seen it used in this context before!) relating to the acceptance of the US TM application for DYKES ON BIKES. They get it wrong in the heading, then right in the text!

1.8 Dykes get patent nod
Northern Territory News, 12/12/2005, General News, page 3
By: None
Keywords: patent* (2), trademark* (1)

San Francisco: The US patent office has reversed position and approved a request to let a lesbian San Francisco motorcycle club trademark their club name of Dykes on Bikes. Dykes on Bikes has led every Gay Pride Parade in San Francisco since the first procession about 30 years ago.

1.16 Dykes on Bikes copyright
Australian Financial Review, 10/12/2005, International News, page 8
By: Reuters
Keywords: patent* (1), trademark* (2), copyright (1)

Lesbian motorcycle enthusiasts in San Francisco have won their fight to trademark the name Dykes on Bikes. The US Patent Office had denied applications by a San Francisco women's group to trademark the name, arguing it could be disparaging to lesbians.

1.20 Lesbians win synonym
Sydney Morning Herald, 10/12/2005, International News, page 17
By: Reuters
Keywords: patent* (1), trademark* (1)

San Francisco: Lesbian motorcycle enthusiasts have won their fight to trademark the name Dykes on Bikes. The US patent office had argued that the phrase would be seen as disparaging, but lesbian activists successfully argued that the word dyke had been reclaimed.

The IPKat concurs: this use of the word "synonym" must be a first. Merpel asks, doesn't it suggest somewhat unsubtlely that the mark is more than a little descriptive?


Investigations into dotcom contract

Jim Davies has sent the IPKat this link to The Register. In essence the European Commission has opened an investigation into the new dotcom contract following a formal complaint by a lobbying group calling itself the Coalition for ICANN Transparency (CFIT).

CFIT says the proposed contract drawn up between ICANN and registrar VeriSign breaches EU competition laws. It will have "significant anti-competitive effects in markets for domain name registration and for related Internet services which depend on these domain registrations". This seems too important an issue to ignore and the IPKat suggests that interested parties get their word in swiftly rather than wait for others to speak on their behalf.