tag:blogger.com,1999:blog-5574479.post4681474133979267695..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: In search of Mr SpicyVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-5574479.post-56824924602629385222008-04-01T10:51:00.000+01:002008-04-01T10:51:00.000+01:00With regard to Ann's comment "I have doubts that t...With regard to Ann's comment "I have doubts that this will be the end of Mr Spicy's litigious career". <BR/><BR/>Have a look at CTM APP NUM 006741458, filed 11th March (3 weeks after the hearing). In particular the Goods and Services in Class 42.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-41828303676816992822008-03-12T06:48:00.000+00:002008-03-12T06:48:00.000+00:00A link to the decision: http://www.law-now.com/cmc...A link to the decision: http://www.law-now.com/cmck/pdfs/nonsecured/yahooukmar08.pdfAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-73311418040683370022008-03-11T18:52:00.000+00:002008-03-11T18:52:00.000+00:00In my opinion, the High Court would have decided d...In my opinion, the High Court would have decided differently, if the bone of contention in the litigation, was use of the mark "Mr. Spicy" instead of just the generic word "spicy".Benganihttps://www.blogger.com/profile/12660773334172425236noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-84166117946702909572008-03-05T23:23:00.000+00:002008-03-05T23:23:00.000+00:00What a coincidence. A similar decision was publish...What a coincidence. A similar decision was published in Germany today (OLG Frankfurt/M. , 6 W 17/08, dated 26.2.2008), but the Higher Regional Court distinguishes between keyword booking of search results and keyword booking in a distinct "sponsored links" category which does not appear among the search result. While Keywords (Google AdWords) were considered as trademark use rather broadly by some courts (OLG Braunschweig, OLG Dresden, OLG Stuttgart, applying last year's ruling of the German Federal Court of Justice on Metatags to AdWords), the OLG Frankfurt differentiates and argues that the essential function is not affected by advertisments which appear in a distinct area on the screen, because Internet users will be aware that this does not indicate any kind of commercial connection.<BR/><BR/>(http://web2.justiz.hessen.de/migration/rechtsp.nsf/E5D8C35C8D034A27C1257402003482C6/$file/06w01708.pdf)<BR/>(unfortunately in German)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-69363731961827455942008-03-05T14:38:00.000+00:002008-03-05T14:38:00.000+00:00Mr Wilson issued proceedings against pricegrabber....Mr Wilson issued proceedings against pricegrabber.com last year for infringement of the same mark by the same means and we successfully sent him away with a flea in his ear. I have doubts that this will be the end of Mr Spicy's litigious career.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-64807229554051936662008-03-05T13:32:00.000+00:002008-03-05T13:32:00.000+00:00The position that "keyword use" is not trademark u...The position that "keyword use" is not trademark use seems artificial, and avoids the issue of whether users are being misled or being given useful information.Steve Hartmanhttps://www.blogger.com/profile/00086875476866215394noreply@blogger.com