Around the IP blogs!

IPKat is once again here with your weekly tour of the IP blogs! Highlights this week include a decision on the Scottish-ness of the term "Glen", a summary of the Apple v Samsung US design case and further adjustments to the 2018 pre-EQE answer script. 

Patents

Earlier this year, IPKat reported on this years controversy over the pre-EQE (IPKat post here). The Salted Patent blog reports that several candidates who appealed their result for the exam have been successful, and that three answers in the Examiners' Report have been amended: Pre-Exam 2018 - congratulations to those with ambiguous answers.

IPwatchdog consider the reported disappearance of the famous "don't be evil" mantra from Google's code of conduct: Google Changes Its Code of Conduct After Years of Being Evil Towards Patent Owners.

Trade marks

Schottisch Whisky?

In March of this year, IPKat reported on the Glen Buchenbach trade mark case (here). In summary, The Scotch Whisky Association (TSWA) took offense at the use of the term "Glen" in the name of the German produced whiskey. The TSWA sued the producers of Glen Buchenbach on the grounds that ‘Glen’ infringes the registered geographical indication ‘Scotch Whisky’, in breach of Article 16 (a) - (c) of the Regulation No 110/2008 regarding the definition, description, presentation, labelling and protection of geographical indications of spirit drinks. The District Court of Hamburg referred a number of questions to the CJEU, in view of the fact that past cases decided by the CJEU involved product names or descriptions that included (part of) the protected geographical indication, whereas there was no similarity between the disputed designation (‘Glen’) and the protected geographical indication (‘Scotch Whisky’). Marques Class 46 reports on the judgement now issued by the CJEU: Scottish Glens, German Whisky and the question: Are you befuddled?

Scottish Fold Kat

Brazil has made further steps towards participation of the Madrid Protocol. IPTango reports on the meeting between the Brazilian National Institute of Industrial Property (INPI) and WIPO officials at INPI headquarters: Brazil and the Madrid Protocol: are they nearly there?

Afro-IP considers the legal aspects of vehicular shapes in South Africa, and particularly how the law of shape trade marks is applied: "I see a boat on a river" - The copyright of vehicular shapes.

The Fourth Board of Appeal (BoA) of the EUIPO has once again been told off by the General Court (GC). Particularly, the GC recently ruled that the BoA was not competent to rule upon the question of genuine use of its own motion in inter partes proceedings, if this was not subject matter of the proceedings. The Kluwer Trademark Blog has the full story: Competent or not competent? That’s the question…

Designs

Michael Risch of Written Description provides a neat summary of the Apple v Samsung US design case, and predicts that Samsung is unlikely to win on appeal: A Couple Thoughts on Apple v. Samsung (part ?100?)

Author: Rose Hughes