The end of the Blurred Lines copyright suit

IP10171

ew.com: "The lengthy legal battle over Robin Thicke and Pharrell Williams’ “Blurred Lines” finally came to an end this week with a payday for the Marvin Gaye family. The copyright lawsuit was settled on Monday when California Judge John A. Kronstadt entered a judgement of approximately $5 million against …

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Cyprus loses trademark 'halloumi' because correspondence went unanswered

IP10170

Cyprus Mail: "Cyprus has lost the halloumi trademark in the UK essentially because of a change of address and because crucial correspondence from the UK dealing with the case either went astray or was not dealt with by the correct officials at the commerce ministry. The “evidence simply demonstrates that the …

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Cadbury purple trademark remains subject of litigation

IP10169

The Drum: "Cadbury has faced yet another setback over its decades-long battle to own the right to trademark the colour purple, which it has used for its chocolate bars since 1905. A decision by the UK Court of Appeal in 2013 to reject its second trademark placed Cadbury's valid 1995 trademark, which only covers …

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Portuguese national word mark adegaborba.pt is descriptive

IPPT20181206, CJEU, Portugal Ramos Vinhos v Adega

Trade mark law - adegaborba.pt shall not be registered as a national Portugese word mark based on article 3(1)(c) of Directive 2008/95 regarding signs which consist exclusively of indications which may serve to designate the characteristics of the goods or services: the article pursues an aim that is in the public …

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Willemijn Docter joins HGF Amsterdam Office

IP10168

Press release HGF: "HGF are pleased to announce further growth of the HGF Amsterdam office with the arrival of Willemijn Docter who joined the firm as a Senior Trade Mark Attorney on 1st December 2018. 

 

[...]

 

Willemijn’s practice encompasses all aspects of trade mark and design law from developing …

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Famous - unlikely - phrases that were claimed as trademark

IP10167
Article

BBC.com: "In recent days angry opinion pieces have sprung up in Kenyan media over the well-known Swahili phrase "Hakuna Matata". The phrase translated means "no problems" or "no worries" and is a common expression throughout east Africa. But to the rest of the world, it's best known as a song from the Lion King - and …

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Appeal against finding that the intervener was entitled to file a notice of opposition inadmissible

IPPT20180725, CJEU, QuaMa v EUIPO

Trade mark law - Appeal regarding the General Court’s finding that EUIPO had not erred in interpreting the request for a change of name and address as an application for registration of a transfer of a trade mark so the intervener was entitled to file a notice of opposition inadmissible: re-examination of …

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CJEU on genuine use of a earlier UK trade mark and Brexit

IPPT20181129, CJEU, Alcohol Countermeasure Systems v EUIPO

Trade mark law - The General Court did not err in law by finding that the proof of genuine use of the earlier mark consisting of the word sign ‘ALCOLOCK’ and registered in the UK in 1996 could be furnished by means of evidence establishing use of another mark consisting of the same word sign ‘ALCOLOCK’ …

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Colour or figurative mark? Distinction between these two is crucial for registration

IP10166

Case C-578/17. Hartwall. Reference for a prelimanry ruling. Korkein hallinto-oikeus (Finland). Opinion A-G Saugmandsgaard Øe In this dispute between Oy Hartwall and the Finnish Intellectual Property Office, the latter refused dismissed Oy Hartwall's application for the registration of a colour mark on the ground …

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It is for neither EUIPO nor the General Court to reclassify the category chosen for a mark by the applicant

IPPT20181025, CJEU, Enercon

Trade mark law - Appeal against the General Court’s decision that the Board of Appeal was fully entitled to find that the contested mark for wind energy converters was devoid of any distinctive character dismissed: General Court was fully entitled to take the view that the distinctive character of the mark had to be …

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The reason why it is important for South Africa's copyright law to adopt 'fair use'

IP10165
Article

techcentral.co.za: "“Fair use” is a doctrine adopted by some countries that permits the use of copyright material like books, journals, music and art work — without requiring permission from the copyright holder. It provides a balance between the just demands of rightsholders and the need for people to use …

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Pre-publication: commentary Léon Dijkman on CJEU Levola v Smilde

IP10164
Article

Pre-publication Journal of Intellectual Property Law & Practice by Léon Dijkman: "In its recent decision Levola Hengelo BV v. Smilde Foods BV (IPPT20181113, CJEU, Levola v Smilde), the CJEU ruled that the taste of a food product is not protectable by copyright. According to the CJEU, the subject matter of a …

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American couple will have to pay Nintendo over $12 million

IP10163
Article

www.businessinsider.nl: Nintendo of America was recently awarded a $12.23 million dollar judgement in federal court against a married Arizona couple accused of copyright infringement. The websites at the center of the lawsuit, LoveROMs.com and LoveRETRO.co, offered free games to more than 17 million visitors per …

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The taste of a food product is not eligible for copyright protection

IPPT20181113, CJEU, Levola v Smilde

Copyright - The taste of a food product cannot be classified as a work: the subject matter protected by copyright must be expressed in a manner which makes it identifiable with sufficient precision and objectivity. The taste of a food product cannot be pinned down with precision and objectivity. It will beidentified …

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Jeff Koons guilty of copyright infringement according to Paris Court

IP10162

Artforum.com: "More than three years after advertising creative director Franck Davidovici sued Jeff Koons for copyright infringement, a Paris court has found the American artist guilty of plagiarizing a 1985 ad campaign, Fait d’hiver, by the French clothing label Naf Naf. Both the ad and Koons’s statue, which he …

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China has given 18 new trademarks to Trump family in 2 months

IP10161

New York Post: "China has given companies linked to US President Donald Trump and his daughter 18 new trademarks in the last two months, raising concerns about conflicts of interest in the White House on the eve of national elections.

The trademarks cover products from perfume to voting machines and will be finalized …

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Report of the 48th World Congress of AIPPI at Seoul

IP10160

The 48th World Congress of AIPPI took place from 22 September - 26 September in Cancun, Mexico. The Dutch Group of AIPPI adopted six resolutions:

 

- Conflicting patent applications (Study Question)

- Registrability of 3D trademarks (Study Question)

- Joint Liability for IP Infringement (Study Question)

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Girl Scouts of the USA sue Boy Scouts of America for trademark infringement

IP10159

fortune.com: " The Girl Scouts of the USA has sued the Boy Scouts of America for trademark infringement. The dispute, filed Nov. 6 in federal court in New York, centers on the use of the word “scout” without a gender modifier. The suit argues that despite the long co-existence of the two organizations using the …

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Chinese copycats lose court case against Toymaker Lego

IP10158

reuters.com: "Lego has won another case against imitators in China where copies of its colorful plastic toy bricks and figures have been a recurrent problem, the Danish toymaker said on Monday. 

 

(...)

 

"We believe these decisions are well-founded in the facts and the law, and clearly demonstrate the …

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Leena Contarino joins HGF Basel Office

IP10157

Press release HGF: "HGF are pleased to announce further growth of the team in the Basel office with the arrival of Leena Contarino who joined the firm’s Basel office as a Partner on Thursday 1st November 2018.

 

Leena has considerable experience in inventions related to proteins, nucleic acids, diagnostics …

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