Trade mark claim for specific shade of purple filed by Prince's estate

IP10152

Independent.co.uk: "The estate of late musician Prince has reportedly filed a claim to trademark a particular shade of the colour purple.  If successful film and music producers could be banned from using it.  

(...)

Prince and his estate are famously protective of their copyrighted material. In 2016, Universal …

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Opinion AG CJEU: no copyright protection for a simple military report

IP10151
Pending Case law

Copyright. Case C-469/17 Funke Medien NRW GmbH v Federal Republic of Germany. Opinion Szpunar.

 

From the press release: " According to Advocate General Szpunar, a simple military report cannot enjoy copyright protection. First, such a report does not satisfy the requirements in order to be treated as a work …

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YouTube CEO: new Copyright Directive threatens hundreds of thousands of jobs

IP10150

According to YouTube CEO Susan Wojcicki, article 13 of the new Copyright Directive threatens hundreds of thousands of jobs.

 

Googleblog.com: "Article 13 as written threatens to shut down the ability of millions of people -- from creators like you to everyday users -- to upload content to platforms like YouTube. …

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Marques EU judges meeting on 18 January 2019 in Amsterdam

IP10149
Calendar

Marques: “MARQUES is hosting its first European Judges Meeting in Amsterdam on 18 January 2019.

 

Following the popularity of national judges meetings, which have been organised by MARQUES all over the world, this new one-day event will bring together IP-specialist judges and practitioners from across Europe to …

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Little Trees Air Fresheners sues Balenciaga for copyright infringement

IP10148

Vogue: "(...) Nearly two months after Balenciaga was sued by City Merchandise Incfor copyright infringement over its New York tote, the company has once again found itself in hot water over its new leather tree-shaped key rings. 

According to TMZ, Car-Freshner Corporation, the company that owns the rights to …

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China establishes Trademark Office to protect intellectual property of domestic businesses

IP10147

Sixth tone: ''China’s first trademark office for helping domestic businesses protect their intellectual property overseas was established Wednesday in Shanghai, according to business news outlet Jiemian.

The Shanghai Trademark Overseas Protection Office will support Chinese companies in international copyright …

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According to reports, Hailey Baldwin filed an application to register the trademark for the name "Hailey Bieber"

IP10146

elite daily: '"The world has one question for Justin Bieber and Hailey Baldwin: Are you married or not? My god. The mystery is doing my head in. But what Hailey Baldwin just did could hint at their current relationship status. Hailey Baldwin filed to trademark Justin Bieber's last name, according to a report by TMZ. …

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The owner of an internet connection cannot be exonerated from liability for copyright infringements by naming a family member who might have had access to that connection

IPPT20181018, CJEU, Bastei Lubbe

Copyright - Article 8(1) and (2) of the Copyright Directive read in conjunction with Article 3(1) thereof, and Article 3(2) of the Enforcement Directive must be interpreted as precluding national legislation under which the owner of an internet connection used for copyright infringements through file-sharing cannot be …

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No risk of confusion between mark with four crossed lines and Asics figurative mark

IPPT20181016, GCEU, Asics v EUIPO

Trade Mark LawThe action is dismissed. The Board of Appeal found correctly that there was no visual similarity between the marks, because the overall impression given by the marks at issue is so different that the consumer will not make a connection between the signs at issue solely on the basis that they are both …

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Courtesy of Bram Woltering and Peter Claassen, AKD

Richard Prince blames his iPhone in copyright case

IP10145

Page Six: "Controversial artist Richard Prince is back in court for an ongoing copyright case over two photographs used in his 2014 “New Portraits” series that were taken by artists Donald Graham and Eric McNatt. Prince — who took the images from Instagram and printed them largely unaltered with a comment he …

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Colin Kaepernick wants to trademark an image of his face and hair

IP10143

CNBC International: " [...] Fans could be able to buy t-shirts, shampoo and even candles featuring a black and white image of the athlete and activist with a beard, mustache and afro hairstyle, which he has applied to trademark. Kaepernick's company, Inked Flash, has applied to the U.S. Patent and Trademark Office …

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Walmart files patent for carts that track your heart rate

IP10143

Popular Mechanics: " [...] The grocery chain filed a patent in August for a shopping cart that monitors various biometric signals, like a customer's body temperature, heart rate and tightness of grip on the handle. According to the patent titled System And Method For Biometric Feedback Cart Handle, the data would be …

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Draft Council Conclusions on the EU Customs Action Plan to Combat IPR Infringements for the Years 2018 to 2022.

IP10142

Press Release: "The EU Customs Action Plan to combat IPR infringements for the years 2018-2022 is attached. A roadmap will be prepared by the Commission in co-operation with Member States experts to define the actions and tools to be deployed within an agreed timeframe, taking into account the financial and human …

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Advocate General: Distribution right in Copyright Directive includes t-shirts in storage away from store

IP10141
Pending Case law

Case C-572/17. Syed. Preliminary questions. Högsta domstolen (Sweden).

 

Preliminary questions in a procedure regarding the unauthorised sale of t-shirts with logo’s of rock bands and artists. The shirts were placed in the store itself as well as in a storage elsewhere.  The Swedish Surpreme courts questions …

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Torrent usage on the rise due to increase in exclusive content

IP10140

Motherboard: “A new study shows that after years of declines, BitTorrent usage and piracy is on the rise again. The culprit: an increase in exclusivity deals that force subscribers to hunt and peck among a myriad of streaming services to actually find the content they’re looking for.

 

Sandvine’s new Global …

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"Image rights metadata in Google Images"

IP10139

Google: "As part of a collaboration between Google, photo industry consortium CEPIC, and IPTC, the global technical standards body for the news media, you can now access rights-related image metadata in Google Images. [...] Starting today, we’ve added Creator and Credit metadata whenever present to images on …

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EU trade mark “NEUSCHWANSTEIN” not descriptive and not registered in bad faith

IPPT20180906, CJEU, Souvenir – Geschenke – Ehrenpreise eV v EUIPO

Trade mark law - Designation ‘Neuschwanstein’ from EU word mark “NEUSCHWANSTEIN” not descriptive for quality or essential characteristic  goods and services: ‘souvenir items’ not mentioned in Nice classification, goods covered by contested trade mark are everyday consumer goods and everyday services,  …

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CJEU dismisses the appeal of Birkenstock regarding their figurative mark representing a pattern of wavy, crisscrossing lines

IPPT20180913, CJEU, Birkenstock v EUIPO

Trade Mark Law - The General Court was entitled to hold that the applicability of the case-law relating to three-dimensional marks that are indissociable from the appearance of the goods - that are devoid of any distinctive character unless they depart significantly from the norm or customs of the sector - is …

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European Parliament votes in favour of new copyright laws

IP10138

BBC News: “Controversial new copyright laws have been approved by members of the European Parliament. The laws had been changed since July when the first version of the copyright directive was voted down. Critics say they remain problematic. Many musicians and creators claim the reforms are necessary to fairly …

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A-G CJEU: EU law does not preclude national legislation concerning publication

IP10137
Case law

Case C-215/17. Nova Kreditna Banka Maribo d.d. v Republika Slovenija. Opinon A-G Bobek. Request for a preliminary. Vrhovno sodišče Republike Slovenije (Supreme Court of the Republic of Slovenia).

 

Copyright - Trade Secrets Law. Nova Kreditna Banka Maribor d.d. ('NKBM') is a Slovenian Bank. A journalist made a …

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