Friday folderols

The IPKat is delighted to discover from his friends at WIPO that the Republic of Bulgaria has notified its accession to the Singapore Treaty on the Law of Trademarks and that the Republic of Honduras has done the same for the Trademark Law Treaty (TLT). The date of entry into force of the Singapore Treaty won't be known until a critical number of countries sign up for it. The TLT is a different kettle of fish, though: it's already up-and-running and will take effect with regard to Honduras on 22 April 2008 (sources: WIPO notices Singapore No. 4 and TLT No. 47).

Those interested in the monetary issues arising from IP law and practice -- securitisation, the effects of insolvency, IP valuation, calculation of royalty rates, transfer pricing, tax, assessment of damages and so on -- may also be interested in a new weblog, IP Finance. This little venture is designed to identify, share and spread information on these issues and to try to build a better-informed community within the IP professions, so that we IP people can deal more comfortably with banks, accountants, financial planners and so on. If you've useful information to offer, or would like to contribute to that blog on a regular basis, email here.

If you are interested in what constitutes "trade mark use" for the purpose of infringement, there's a note on the Class 46 European trade mark blog concerning litigation before the 's-Hertogenbosch Court of Appeal in Red Bull v Winters and Smart Drinks. Essentially, is there a difference between applying a trade mark to goods and applying goods to the trade mark? In this case the alleged infringement consisted of filling with drink a number of cans that were already marked with the allegedly infringing signs. To find out what the court thought, read on ...

Thanks again to Simon Haslam (Abel & Imray) for this BBC link to news that French President Nicolas Sarkozy and his girlfriend Carla Bruni are suing low-cost airline Ryanair over a picture of the couple it used in an advert. The photo shows a thought bubble coming from Ms Bruni, saying: "With Ryanair, all my family can attend my wedding". The former model is seeking 500,000 euros ($743,000; £373,000) - the amount she says her photo normally costs. Possessing an unusually long memory for a small furry feline, the IPKat recalls that easyJet have used the same marketing technique, but chose different victims.
Friday folderols Friday folderols Reviewed by Jeremy on Friday, February 01, 2008 Rating: 5


  1. In the spirit of small-hour posts referred to in comments elsewhere, a certain, un-nameable budget airline rant is tempting…

    You know, the airline with a divine right to maximise its revenue by any means it sees fit, regardless of its impact on you/me/gaia…

    The airline that thinks global warming is a conspiracy against it in particular.

    The airline that thinks freedom of expression means freedom to exploit nymphet imagery in mainstream advertising copy.

    The airline with a business model that relies on its clients breaking its own rules (flight connections/baggage, take your chances, we accept no responsibility)

    Just because your home state has only recently escaped the 16th century (being generous?), doesn’t mean you get to ignore the advances made in the civilised world in the meantime.

    Being a M$ tax shelter isn’t necessarily the best basis for on-going economic success…

  2. … following on from that, would further suggest that a free-standing publication (Private Eye, The Onion) should enjoy greater satirical license/freedom of expression than should be afforded to paid corporate advertising…


  3. Well if I can to add something about fact that Bulgaria has notified its accession to the Singapore Treaty, I should to say that Bulgaria is the third country which notified this treaty in conjunction with Singapore and Switzerland.


    It would appear that Mr. and Mrs. Sarkozy have won their case.


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