Around the IP Blogs

Let's take a virtual walk down the internet's IP boulevard to discover this past week's headlines!

On copyright street, we start off with a punch as Former Professional Wrestler Sues Van Morrison for Using his Likeness without Authorization. The 1709 blog reports that wrestling legend Billy Two Rivers accused Van Morrison of using his likeness in the cover of his latest album, fittingly called Roll With the Punches, in violation of the New York Civil Rights Law and the Trademarks Act.

The CREATe blog reported on the event Exploring Copy Ethics with CopyrightUser.org, held at the Centre for Interdisciplinary Research at Bielefeld University. A comparative discussion about “The Ethics of Citation and Partial Copying” in civil and common law jurisdictions was carried out followed by the presentation of the educational video “The Adventure of the Girl with the Light Blue Hair” featuring more than 80 instances copyright infringements in just under 4 minutes.

Also on the 1709 Blog, this week's Copykat, talks about the Statue of Liberty stamp, Beyonce's copyright pickle and unauthorised use of photographs. In Cabin Fever: Is Reconstructing a Work to Preserve It Copyright Infringement? the post explores this very interesting area of Art Law, adding to the equation the fact that the work in question was sold in its original state, the first copyright registration refused and the author disowned the work.

Turning onto the  trade marks road, the Kluwer Trademark Blog covered slippery slope of How “unitary” is an EUTM? CJEU decides in the KERRYGOLD matter. If a mark can peacefully coexist with a EUTM in one part of the EU but it does not in another, can the principle of the unitary mark allow for trade mark infringement?

Walking on, the company CeramTec GmbH maybe looked at the world through rose-coloured glasses. Its trade mark application for a colour was refused as Pink not very unusual for implants, rules Swiss court. The colour was considered not distinctive compared to the others typically used in the industry and the applicant failed to prove acquired distinctiveness in the national market. News also reported by the Kluwer Trademark Blog.

Fluttering around denominations of origin alley. IP tango reports on Peruvian Pisco: Renowned reputation. The Peruvian alcoholic beverage Pisco, already a denomination of origin, was granted reputable character by the Peruvian Institute for the Defense of Free Competition and the Protection of Intellectual Property (INDECOPI).

Straight on patent lane, IPWatchdog talks about The Costs of Patenting in Africa: A Tale of Three Intellectual Property Systems. The post illustrates the differences and affinities of the three coexisting patent systems of the continent (ARIPO, OAPI and South Africa) and how much it costs in practice to maintain patent rights.

What is the boundary between patent and copyright protection? Kevin Collins on Patent Law's Authorship Screen: in his forthcoming publication on the University of Chicago Law Review, as reported by the Written Description Blog, the author discusses this intriguing topic, arguing “authorship screen is important to prevent patents as "backdoor copyrights" that "override the competition/protection balance" of copyright law”.

Image credits: ddecloud