Never Too Late: If you missed the IPKat Last Week!

Too busy celebrating the holiday season to keep up with the latest IP news? No problem! As always, the IPKat is here to bring you a quick summary -- the 175^th edition of Never Too Late (week ending 24^th December).

feeeelin' festive!

Linking for profit, technical means and burden of proof - German BGH applies CJEU case law to Google’s Image Search

Katfriend Mirko Brüß (Waldorf Frommer Rechtsanwälte) has had a chance to analyze the reasoning of the decision of the German Federal Court of Justice (BGH), which refused the idea of having to apply the GS Media [Katposts here] presumption of knowledge for for-profit link providers to search engines, in case I ZR 11/16. In the case, an unlawful act of communication to the public by the defendant can only be found once the defendant knew or should have known of the unlawful nature of the work that it is linked to. Such knowledge would be present once the defendant was expressly informed by the rights holder of the unlawful nature of the information appearing on the site.

Release by IP Australia of draft of legislation for partial implementation of Federal Government's response to Productivity Commission final report

Kat friends Tim Golder and Lauren John (of Allens) report on legislative developments in relation to IP Australia’s release of an exposure draft of the legislation that will partially implement the Federal Government's response to the Productivity Commission's (PC) final report on its inquiry into Australia's IP arrangements. They discuss some of the significant amendments to Australia's IP laws that are included in the draft legislation.

Rainier days ahead for Starbucks as it loses trade mark opposition in Singapore

Kat friend Gillian Tan of Infinitus Law reports on a recent decision in Singapore in which Starbucks failed in an opposition based on its composite mark and its colour scheme. In the case Starbucks Corporation vs Morinaga Nyugyo Kabushiki Kaisha [2017] SGIPOS 18, Starbucks opposed the registration of a mark by the Japanese dairy company, based on alleged similar layout. The Intellectual Property Office of Singapore (IPOS) found that it was not the colour scheme per se or the conceptual layout comprising the concentric circles that would be retained in the minds of the consumer. Rather, it is the textual and figurative elements in the marks that play significant roles in the recollection of the marks. Because these elements are completely different from each other, the marks are not visually similar.

Females and felines in intellectual property law

To celebrate 98 years since the Sex Disqualification (Removal) Act 1919 was passed, officially deeming women to be “persons”, Hayleigh takes the opportunity to consider gender diversity in law, and intellectual property law in particular. In view of this, she introduces the World IP Women (WIPW) global network. 

CJEU rules that ice cream sold as ‘Champagner Sorbet’ can be branded as ‘Champagne’

Katfriend Nedim Malovic (Sandart & Partners) reports on a judgement released earlier this week (Comité Interprofessionnel du Vin de Champagne v Aldi Süd Dienstleistungs-GmbH & Co.OHG, C-393/16) where the Court of Justice of the European Union (CJEU) reviewed relevant EU legislation on protected designations of origin (PDOs), following an injunction sought by the Comité Inteprofessionnel du Vin de Champagne (CIVC) against the sale of the sale of “Champagner Sorbet” in 2012.

A Kat's 2017 Copyright Awards

Eleonora’s annual copyright awards have been presented! Looking at the past 12 months of cases, categories of awards include; most important copyright decision, copyright person of the year, most important unresolved issue, most important policy issue for 2018, and most important copyright-protected work.

PREVIOUSLY ON NEVER TOO LATE

Never Too Late 174 [week ending 17 December] The first modern blockbuster IP merchandising campaign? Disney, Davy Crockett and the coonskin cap I UPC - update from UK on statutory instruments I The ILO rules reinstatement of Board of Appeal member, but EPO resists I INTA calling: The 2018 Ladas Memorial Award competition for paper on a trademark subject I R 0003/15: surprising interpretation of feature violates right to be heard I Germany: Bundespatentgericht annuls Nespresso capsule shape mark I Wind in the sails for atypical trade marks in the EU - graphical representation following the recent EUTM reforms I Coty, distribution agreements and luxury brands I Around the IP Blogs! I Monday Miscellany

Never Too Late 173 [Week ending Sunday 10 December] Why is it so difficult to the make the case against counterfeiting (or does it just seem so)? | The Red Bull colours: no trade mark registration for indeterminate colour combination | Limoges porcelain now protected by French GI scheme | BREAKING NEWS - CJEU holds that preserving luxury image of products in selective distribution agreements is not contrary to competition law | AIPPI Congress Report 15: Partial Designs: Full Protection? | AIPPI Congress Report 16: Patentability of Computer-Implemented Inventions | INTA Brand Authenticity Conference (Report 4): Brands, social media and CSR | Commissioned research opportunity - exhaustion of rights | BREAKING: CJEU holds that SPCs cannot be obtained on the basis of an "end of procedure notice" pursuant to Article 3(b) SPC Regulation | You snooze (for 40 years) you lose – HABITAT mark (un)enforced in bad faith | Role of CJEU post-Brexit to be considered by House of Lords inquiry

Never Too Late 172 [Week ending 26 November] EMA relocation: and the winner is...Amsterdam! I In memoriam: Azzedine Alaïa, the King of Cling (and what it tells us about the fashion industry) I Athens Court of Appeal applies CJEU GS Media linking decision and interprets 'profit-making intention' restrictively I Damages awarded for the ‘loss of opportunity’ to commercialise photographs following infringement ILost their marbles? When can you register a geographical name as a trade mark? Mermeren v Fox ISir Robin Jacob calls for System 2 thinking for patent law I Florence court prohibits unauthorized commercial use of David's image I Thursday Thingies [Week ending 3 December] Clash of the beer pongs - Breakthrough Funding Ltd v Nearby Media Ltd I WTO establishes panel to examine Qatar’s complaint against UAE I What's next for trade marks in the UK and EU? Report on JIPLP/GRUR trade mark conference I BREAKING: CJEU rules in that the making available of copies of TV programmes saved in the cloud must be authorised by rights owner I The VCAST decision: how to turn a private copying case into a case about communication/making available to the public I France: patent infringers can be ‘named and shamed’…within reason I BGH rules on international jurisdiction of German courts in EU trade mark cases I EU Commission sets middle course for SEP licensing in Europe I Judge Hacon’s 10 (+ 1) commandments on joint authorship under UK copyright law. I UK House of Commons committee progresses final stages of UPC ratification I INTA Brand Authenticity Conference (Report 1): Building brand value via ethical and sustainable credentials; INTA Brand Authenticity Conference (Report 2): Building brand value via ethical and sustainable credentials and INTA Brand Authenticity Conference (Report 3): Building brand value via ethical and sustainable credentials I Now available!: English translation of Dutch Supreme Court decision in MSD v Teva highlights UK Supreme Court's Actavis decision I Student essays: how to write a good piece? I Around the IP Blogs!

Photo: JoshBerglund19