tag:blogger.com,1999:blog-5574479.post6536038098410572168..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: Letter from AmeriKat II: Law professors side with Yves Saint Laurent in Louboutin battleVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5574479.post-37279070827769929662012-01-09T19:05:17.772+00:002012-01-09T19:05:17.772+00:00Re Filemot's comment, you cannot rely on how s...Re Filemot's comment, you cannot rely on how something appears on your computer screen unless your monitor has been accurately calibrated against a standard. CRT displays have a different colour gamut from LCD displays, which again differ from the gamut of PDP displays, and there are ranges of colours that are impossible to display accurately on any computer monitor. Your computer has to synthesise its colours by mixing appropriate proportions of RGB produced by its phosphors or the like, whereas the Pantone system, which was designed with printing in mind, includes a range of standardised pure pigments which make a much wider gamut available.<br /><br />Thus you would really need to actually view the item itself using a standardised illumination source in order to make a valid assessment of the similarity or otherwise of two colours.<br /><br />A problem with defining colours by reference to a standard, is that you need to make measurements using light sources and sensor elements of known properties. The Pantone web site indicates that colour patches should be replaced every year to avoid errors due to fading.<br /><br />While a machine measurement will accurately define the properties of a given colour sample under the standardised measurement conditions, colours that appear to the eye to match under fluorescent light, can look very different under daylight, and vice versa, due to the different spectra of the respective light sources.Almost Emeritusnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-5996593820030607752012-01-09T15:19:21.997+00:002012-01-09T15:19:21.997+00:00--- oh, the excesses of modern trade mark law:
“I...--- oh, the excesses of modern trade mark law:<br /><br />“I can’t believe it’s not Louboutin”.<br /><br />I personally cannot understand how the building blocks of our perception can be registered for the sole use of one entity, for eternity, provided you pay renewals. A time-limited right to protect imaginative design, yes, but eternity - I shudder.<br /><br />George Brock-NannestadAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-7477216349013701302012-01-09T14:24:24.007+00:002012-01-09T14:24:24.007+00:00'All of INTA’s members share the goal of promo...'All of INTA’s members share the goal of promoting an understanding of the essential role trademarks play in fostering informed decisions by consumers, effective commerce, and fair competition.'(INTA´s brief in the case). In this case I think that INTA forgot the aspect of fair compitition in its brief!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-22439414884685623562012-01-09T09:53:01.894+00:002012-01-09T09:53:01.894+00:00surely the grey area round Chinese red soles is pr...surely the grey area round Chinese red soles is pretty limited and the Klein rags are not Tiffany coloured to my eye. But most of all what to do the Law Professors think that women say when they wear red shoes?Filemothttps://www.blogger.com/profile/15735898485265104580noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-12338475434685842922012-01-09T08:53:09.163+00:002012-01-09T08:53:09.163+00:00Surely the key question is whether red soles actua...Surely the key question is whether red soles actually function as a trade mark? That is to say, do consumers rely upon that sign as designating trade origin? If they do, then it should be protectable; if not, not. But it is not enough for this purpose that consumers associate red soles with one trade source in the sense of recognising that (to date) only one source has marketed such shoes. No further or more complicated analysis is needed.Anonymousnoreply@blogger.com