Never Too late: if you missed The IPKat last week

Enjoy this new edition of Never Too Late, summarising news and opinions provided by our Kats on the latest developments in IP law at the judicial, administrative, national, and European levels.

Trade marks

Nedim Malovic discusses the difficulties for relevant authorities in the assessment of trade mark applications made by social media influencers and musicians aimed at creating a bridge with contemporary trends within the pop and cultural scenes.

Tian Lu reports that Chanel Co., Ltd. lost a trade mark infringement case regarding its ‘Double C’ logo in China.

Katfriend Thomas Key reports on the recent decision of the US Supreme Court in Iancu v. Brunetti regarding morality and freedom of expression.

Let's get ready for Never Too Late


Neil Wilkof discusses issues relating to the rights of immigrant minors in their drawings in connection with their detention along the U.S./Mexico border.

Katfriend Akanshha Agrawal reports on the first dynamic website blocking order issued by the Delhi High Court.

Eleonora Rosati takes a look at the evolution of the Court of Justice of the European Union's case law 10 years after the Infopaq decision.

Katfriends Bhavik Shukla and Iravati Singh discuss disputes involving creations by animals and the attribution of copyright

Thomas Key writes YouTube shifts the burden: requires manual copyright claimants to timestamp the allegedly infringing material; simplifies the rectification process.

InternKat Antonella Gentile reports that the Rome Court of First Instance (Tribunale di Roma) has issued what might be one of the first, if not the first decision (RG 24711-2012, decision 14757/2019) in Europe, which has found a hosting provider directly liable for content uploaded by users of the platform.


Rose Hughes writes about another patent dispute concerning non-invasive prenatal blood testing (NIPT).

Still Rose discusses decision T-0439/17 (published online 1 July 2019), in which the Board of Appeal of the EPO considered the circumstances when a third party may intervene in an opposition.

Rose also considers the recent decision in D 11/18. In D 11/18, a 2018 European Qualifying Exam candidate successfully appealed the decision of the Examination Board to fail his Paper B script (D 11/18). The Disciplinary Board found a serious and obvious error in the Examiner's Report and remitted the script back to the Examination Board for re-marking.

Tristan Sherliker discusses the English Court of Appeal's judgment in ZyXEL v TQ Delta [2019] EWCA Civ 1277.


Katfriend Ewan Grist analyses English design decisions over the past 12 years finding that there is quite a lot for designers and design owners to feel content about.

Book Reviews

Hayleigh Bosher reviews the Research Handbook on Intellectual Property and Creative Industries, A History of IP in 50 Objects and The protection of non-traditional mark. 
Event reports
Chijioke Okorie reports South African IP researchers’ (AIPLITL) conference – The IP and IT Law Innovation Interface.

Irene Calboli (Texas A&M University and Université de Genève) and Jacques de Werra (Université de Genève) report on the second IP Researchers Europe Conference in Geneva that they have recently organized together with WIPO and WTO.


In Why is there less innovation? Blame old geezers like me Neil Wilkof discusses the crisis of productivity and innovation.

Eleonora Rosati reports that Mr Justice Arnold will become Lord Justice Arnold.

Hayleigh Bosher reports that the UK Intelletual Property Office is looking for people with first-hand experience and/or a working knowledge of using the IP enforcement framework to protect their intellectual property to join their working group.

Rose Hughes publishes the serve and volley of tennis innovation.

Ieva Giedrimaite discusses the UK’s Information Commissioner’s Office new guidance on the use of cookies and similar technologies for storing information, and accessing information stored, on a user's equipment, such as a computer or mobile device.

Africa Correspondent Chijioke Okorie reports that UN Economic Commission for Africa launches the Assessing Regional Integration in Africa (ARIA) IX. 

Never Too Late 227
[Week ending 7 Jul] This is original broadcast, says the Finnish Market Court on IPTV transmissions | Into image rights? Here's the call for articles for the JIPLP special 'image rights' issue! | BEAUTY & THE BAY not an infringement of BEAUTY BAY, says High Court | US copyright registration for the Tommy Hilfiger Flag denied due to insufficient originality | The reemergence of issues surrounding copyright and the Australian Aboriginal Flag… | Gigi Hadid, Smile for the Copyright | Eli Lilly v Fresenius Kabi: a decision far from equivalent to what has been decided before | Re-establishment: An isolated error in a well-functioning system may not be equivalent to all due care (J 05/18) | Roche shields itself from a UK Arrow: Pfizer v Roche | SPC manufacturing and stockpiling waiver comes into force | BREAKING: Mr Justice Arnold finds Conversant patent infringed but invalid for added matter in Conversant v Huawei | Guest post: "Growing war on intellectual property, a threat to health for all" | AG Bobek advises CJEU to annul the 'Fack Ju Göhte' decision and distinguish between 'public policy' and 'morality' (and, yes, freedom of expression also matters in trade mark law) | EUIPO Second Board of Appeal reminds that an opposition may be withdrawn at any time before a decision on appeal becomes final | Reader Discount: IP Seminar at Volvo Cars in Sweden on 8 and 9 October | Cars, sarapes and green beans, all southern style | AI: Decoding IP conference - day 1 highlights | AI: decoding IP conference - day 2 highlights | Book Review: The State of Creativity: The Future of 3D Printing, 4D Printing and Augmented Reality | Book Review: Copyright in the Information Society

Never Too Late 226 [Week ending 16 Jun] Neymar scores at EU General Court: “Neymar” trade mark declared invalid due to bad faith registration| China introduces 'intent to use' to combat trade mark squatting in its recent law amendment | General Court confirms invalidity of (one of the) adidas three-stripe mark(s) | Yeezy Boost 350 shoes may be registered, says US Copyright Office Review Board | DSM Directive Series #6: 'hyperlinking' in the press publishers' right | U.S. Second Circuit cannot agree on the meaning of 'volitional conduct' | There is No Substitute for a Porsche – Except another Porsche? | Italian court confirms that unauthorized use of Audrey Hepburn's likeness infringes (post mortem) image rights | Conference report - More Than Just a Game (Maastricht edition) | Event Report: Institutions And Regulation For The Fourth Industrial Revolution | Book Review: Sterling on World Copyright Law | Book Review: Intellectual Property: Patents, Copyrights, Trademarks & Allied Rights | Book review: Copy This Book – An Artist’s Guide to Copyright | Book review: Copyrighting God | In memoriam Patricia Battin-- influential warrior in the battle over the library of the future | Looking to catch up with the latest fashion (law) trends? Here's a course with an IPKat readers discount.
Never Too Late 225[Week ending 9 Jun]Digging Designs - a six month review (& farewell) | Will Marvel Studios face copyright infringement claim for using Ghanaian kente designs in the Black Panther movie? | Beware of your old expert reports, as Henry Carr J allows hearsay expert evidence in Illumina v Ariosa | Still want to be a UPC judge? UPC Preparatory Committee seeking new "top-up" applicants | Nuances in the definition of accidental anticipation (T 1218/14) | What is your SEP "licensing concept"? The Higher District Court of Düsseldorf in Unwired Planet puts some further constraints on SEP owners | First the Italian torpedo and now the Haar-poon – Geography is Not the Only Issue in G2/19 | “The internet’s not written in pencil, it’s written in ink” … yet content removal can be done on a worldwide basis, says AG Szpunar | Sampling Mumbo Jumbo: Minecraft YouTuber receives copyright claims on hundreds of videos in a matter of hours | Milk, Brands and Duty Free: The return of lactose intolerance | California Privacy Law: Too Good to be True?
Never Too Late 224 [Week ending 2 Jun] Following CJEU Syed ruling, Swedish Supreme Court establishes criminal liability through warehouse storage of copyright infringing goods | Opposition proceedings before the EUIPO: a lesson from the General Court | Sprint Electric v Potamianos: High Court finds an implied copyright assignment based on equitable title | Henry Carr J refuses Abbott's mitral valve preliminary injunction | Not quite "One in a Million", says Court of Appeal | Sir Hugh Laddie and the Lectures: A story about a new publication | A publishing opportunity for anyone with an interest in the wine industry (and who doesn't?) | Wine, beer and chocolate-all with a Southern flavor | In memoriam Grumpy Cat: IP and beyond
Never Too late: if you missed The IPKat last week Never Too late: if you missed The IPKat last week Reviewed by Antonella Gentile on Tuesday, July 30, 2019 Rating: 5

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