The IPKat smells a rat
A Lithuanian company has applied to register the smell of freshly baked pizza as a trade mark according to the Washington Post.
"Opinion polls show that many consumers in Lithuania identify the pleasure of eating pizza with our trade mark," said Mindaugas Gumauskas, marketing director of the Cilija company. "This makes us believe that the scent of freshly baked pizza is a subject to our copyright."
The IPKat isn’t impressed. He very much doubts that the smell of pizza could be adequately graphically represented. Even if it could, he doubts if the smell of pizza would be capable of distinguishing the goods of one undertaking from those of other undertakings.
Online music services sued
Billboard reports that a whole load of online music services including Apple and Napster are in trouble over copyright. Euro Tec Publishing, Bruce Caplin, Prestoons Music and related companies, independent music publishers, have filed the action in the District Court of Los Angeles. Customary licences are available so that publishers cannot refuse to license previously recorded and released songs, but it is argued that the online music services did not comply with the requisite formalities.
The IPKat reckons that while this is serious, it doesn’t threaten the basic workings of the online music services.
If someone succesfully trademarks the smell of freshly baked pizza, would that prohibit anyone else baking pizzas for sale within "nose-shot" of consumers?
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