mix

Afterdawn.com and the BBC study that Norway's Supreme Court has upheld the lawsuit court's before ruling in addition to decided that linking from a website to MP3 files is illegal fifty-fifty when the actual MP3 files aren't hosted yesteryear or inwards whatsoever fashion associated to the website linking to them. This illustration concerns a Norwegian teenager, Frank Allan Bruvik, who ready a website called napster.no dorsum inwards 2001 in addition to allowed his users to submit straight links to MP3 files that would hence larn a huge browsable listing of links to MP3 files across the Web. By providing links to 170 MP3 files (compare this to millions available on P2P networks), Bruvik was held to receive got violated Norway's copyright legislation in addition to was ordered to pay 100,000 kroner (€12,126; $15,807) to Tono, the music industry's anteroom grouping inwards Norway. The ruling was identical to the lower court's master copy determination dorsum i

Sometimes it takes to a greater extent than than a skilled optic to tell the counterfeit production from the existent thing has received the January/February 2005 resultant of Product & Image Security & Data Authentication , published past times EPI Publishing Ltd. This bimonthly carries tidings as well as features relating to technical agency of tracking genuine products or deterring counterfeiters, likewise equally reports on legal cases as well as a round-up of relevant technological news. The articles are addressed to people inwards concern rather than to lawyers, thus they are pretty curt as well as to-the-point.

The Court of First Instance (CFI) ruling inward Case T-8/03 El Corte Inglés v OHIM , which dates from thirteen Dec 2004, has straightaway been made available inward English . cheers Melonie Atraghji (an IP PSL at Freshfields ) for letting him know. Somebody applied to register every bit a Community merchandise score a figurative score containing the words EMILIO PUCCI for goods inward Classes 3, 18, 24 too 25. El Corte Inglés opposed, every bit the proprietor of the national figurative marks EMIDIO TUCCI for goods inward Classes three too 25. The opposition was exclusively partially successful, too so El Corte Inglés appealed. The number before the CFI was likelihood of confusion nether Article 8(1)(b) of Council Regulation 40/94. Emilio Pucci: fashionable CTM application succeeds inward part Dismissing the appeal, next a lengthy review of the police pull too the facts, the CFI said (at para.73): "OHIM too the intervener are thence right to receive got the view, similar t

wishes to depict your attending to the 2005 Burrell Competition lecture , organised past times the Competition Law Association . This year’s lecture, given past times Judge Koen Lenaerts of the ECJ volition accept house on seven Feb 2005 at the Institute of Electrical Engineers. Entitled “Reflections on the component subdivision of national courts inwards the enforcement of EC contest law”, it volition hold out followed past times dinner at the Inner Temple Hall. says that final year’s lecture was highly informative too lots of fun too he’s certain that this year’s volition hold out too. The Inner Temple Hall – before long to hold out filled amongst lots of hungry contest lawyers If you lot wishing to publicise whatsoever IP-related events too thence delight ship details to theipkat@yahoo.co.uk .

According to Heise Online the Higher Regional Court of Frankfurt on Midweek overturned a lower courtroom social club that the elevate of an meshwork user who operated a music server via a High German provider had to live on made known to a music firm. The courtroom said: "An meshwork access provider is non principally obliged to break the elevate too address of an meshwork user who offers downloads of music files on the internet, thence violating the copyrights or other rights of 3rd parties". The Court maintained that a provider alone supplies technical access to the meshwork but does non to a greater extent than oftentimes than non accept whatever obligation to inspect the information beingness sent through its network. Rather, providers are alone required to block access when they larn of illegal content. Providers produce not, however, accept to render information nearly their customers since the providers accept non themselves infringed whatever copyright or aided too a

Yesterday the IPKat attended the showtime of a novel seminar serial hosted inward the elegant atmosphere of Dean Rees House past times Queen Mary Intellectual Property Research Institute. Judge Michael Fysh QC, SC of the Patents County Court spoke wittily withal informatively most IP too morality too suggested (only partly inward jest) a codification of procedures to assessing morality inward IP. Influenza A virus subtype H5N1 lively ground ensued. Dean Rees House: elegant venue of QMIPRI's novel seminar series Further details of the forthcoming seminars inward the serial are available here If yous want to locomote added to the mailing listing for Queen Mary IP events, ship an electronic mail to the IPKat , who'll buy the farm your details on to the organisers.

Today Advocate General Kokott delivered her Opinion inwards Case C-353/03, the HAVE H5N1 BREAK reference to the ECJ from the U.K. Court of Appeal. Nestlé uses the slogan HAVE H5N1 BREAK…HAVE H5N1 KIT KAT (for which it owns a merchandise mark) inwards U.K. advertising for its KIT KAT chocolate bars. It applied to register the chemical factor HAVE H5N1 BREAK on its ain every bit a U.K. merchandise mark. The Court of Appeal flora that the HAVE H5N1 BREAK chemical factor lacked inherent distinctive grapheme but referred to the ECJ the query of whether the HAVE H5N1 BREAK chemical factor could accept acquired distinctive grapheme only through exercise every bit business office of the HAVE H5N1 BREAK…HAVE H5N1 KIT KAT slogan or inwards conjunction amongst around other mark. The Advocate General said yes, a sign that is used every bit business office of, or inwards conjunction amongst around other order tin laid about distinctive character: § The exercise mentioned inwards Art.3(3) (

Issue One of the Sweet & Maxwell subscription-only bimonthly European Copyright together with Design Reports has forthwith been published. It contains 5 cases: * British Horseracing Board v William Hill and the iii Fixtures Marketing cases on which the European Court of Justice has late given rulings; Lancome: forthwith that perfume smells are protected yesteryear copyright inwards the Netherlands, will bloom scents endure protected yesteryear establish varieties rights? * Lancome v Kecofa , an English linguistic communication translation of the Netherlands appellate determination that shocked the world, belongings that perfume is protectable every bit a copyright work. If you lot come upward across whatsoever interesting copyright cases you lot mean value should endure reported inwards the ECDR, state the IPKat here .

This jewel has appeared on the LexisNexis All England Direct subscription service: L’Oreal SA together with others five Bellure NV together with others , a Chancery Division determination of Mr Justice Hart dated 26 January. L'Oreal, who made together with sold perfumes together with cosmetics, was the registered possessor of a number of merchandise marks relating to ii of its perfumes, ‘Trésor’ together with ‘Miracle’. L'Oreal alleged that for certain perfume products sold past times Bellure, past times the names ‘Coffret d’Or’, ‘La Valeur’ together with ‘Pink Wonder’, infringed its merchandise marks nether sections 10(2) together with (3) of the Trade Marks Act 1994 . L'Oreal also complained that Bellure were guilty of passing off inwards honour of those together with other products. Bellure applied to the court, seeking an guild strike out the allegations relating to merchandise grade infringement and/or summary judgment. Bellure argued that none of the signs relie

The Seattle Post reports that adidas has won a merchandise order adapt against Nike inwards Dusseldorf. The role yesteryear Nike together with to a greater extent than or less other manufacturer of ii parallel stripes along the seam of trousers together with jackets. This is the latest inwards a long describe of litigation against big companies such equally Ralph Lauren together with Abercrombie together with Fitch brought yesteryear adidas. "Really for us, this is describe of piece of job concern equally green - it may endure Nike ane twenty-four hr menses together with to a greater extent than or less other fellowship to a greater extent than or less other day," said an adidas spokesman. says that this only goes to demo that big merchandise order owners tin endure defendants inwards merchandise order cases only equally easily equally they tin endure claimants. Merpel adds that it’s non clear whether adidas won on confusion-based infringement or dilution grounds – what

Thanks to Frederic Glaize, the IPKat is inwards a set to enjoin readers that the illustration blogged past times the IPKat on 21 January is immediately available http://www.juriscom.net/jpt/visu.php?ID=631 .

Next Tuesday the Court of First Instance of the European Communities (CFI) gives judgment inward Case T-57/03 SPAG v OHIM - Dann together with Becker . This is the appeal arising from an opposition filed past times the owners of the Castilian OLLY GAN merchandise order against the OHIM Board of Appeal's decision to contrary the ruling of the Opposition Division together with to solid soil amongst confidence together with amongst clarity that at that topographic point was no likelihood of confusion betwixt OLLY GAN together with the applicant's HOOLIGAN merchandise mark, fifty-fifty if both are used for clothes. OLLY GAN: non together with then much a hooligan equally a nuisance? was astonished that the Opposition Division considered confusion likely, together with then he bets the CFI volition uphold the Board of Appeal decision. Check this spider web log adjacent calendar week to uncovering out if he's right.

Yesterday the Court of Appeal for England in addition to Wales dismissed an appeal inwards R Griggs Group v Evans, Raben, Lewy in addition to Lewy (the Doc Martens case) [2005] EWCA Civ 11. I In short, Griggs was a grouping of companies 1 of which made ‘Doc Martens’ footwear. That footwear was sold nether ii merchandise marks, 1 of which belonged to Griggs, the other existence licensed from an unrelated High German company. In 1988 Griggs decided to combine the ii marks to flat a combined logo in addition to commissioned an advertising way to attain it for them. The drawing was done past times Evans who, at that time, was working for the advertising way equally a freelance at a apartment charge per unit of measurement of £15 per hour. Evans was instructed to pattern "visuals for [the claimant’s] United Kingdom of Great Britain in addition to Northern Ireland indicate of sale material"; the account referred to "… United Kingdom of Great Britain in addition to Norther

notes the next patent cases from exterior his commons stomping ground: * Mobile Burn Boston Business Journal , Genzyme is suing Transkaryotic inward Israel, claiming that Transkaryotic has infringed its patent for glucocerebrosidase compound, which is used inward the handling of Gaucher disease. Both companies are based inward Massachusettes together with then the IPKat would similar to know, why Israel? * The Financial Times reports that Sanofi-Aventis ’ patent for the blood thinning drug Plavix is existence challenged inward the Scottish courts for lack of novelty past times Aircoat. welcomes the alter for the Scottish courts to flex their IP muscles. More Scottish patents here , here together with here

Singapore is acceding to the WIPO Copyright Treaty and the WIPO Performances together with Phonograms Treaty , both of which come upwards into forcefulness inwards the commonwealth on 17 Apr 2005. understands that the cats of Singapore welcome this move. Singapore: who volition create goodness near from the WIPO treaty accessions -- the IP owners or the urban inwardness state's data society? Official WIPO notices of ratification here and here

... for the CLT seventh Annual Information Technology Law Update conference. The programme includes a disclose of the IPKat's friends together with the topics tackled include information protection, database protection, interception of communications, E-commerce, information technology outsourcing together with procurement, amendments to copyright law, digital rights management, delineate of piece of occupation organization method patents, domain names together with cybersquatting. What to a greater extent than could anyone ask? Robert Carolina: 1 of the well-nigh pop speakers at the Annual Update

LexisNexis' All England Direct subscription-only service brings tidings of Hormel Foods Corporation 5 Antilles Landscape Investments NV , yesterday's Chancery Division conclusion of Richard Arnold QC, sitting every bit a deputy guess of the High Court. Hormel sold canned luncheon meat sold nether the merchandise score SPAM. Antilles owned a figurative merchandise score for the give-and-take SPAMBUSTER. After it unsuccessfully applied to the Trade Mark Registry for a annunciation that the SPAMBUSTERS score was invalid, Hormel went to courtroom too sought (i) declarations that the score had been registered inwards contravention of department 3(1)(b) or (c) of the Trade Marks Act 1994 or (ii) revocation of SPAMBUSTERS nether department 46(1)(c) on the Earth that it was descriptive, generic or devoid of distinctive character. Antilles counterclaimed, contending that (i) SPAM was registered inwards contravention of sec 3(1)(d) of the Act since it was a term used inwards merchan

...that non-traditional merchandise marks trouble organisation human relationship for solely 1.05% of applications for Community merchandise marks made betwixt 1996 together with the destination of 2004 together with brand upwards on 0.63% of marks registered inwards that time. (Source here )

The Register writes that Poland has intervened 1 time again to halt the Council of Agriculture in addition to Fisheries from rubber-stamping the European Union directive on reckoner implemented inventions. Late final calendar week the controversial legislation, improve known equally the software patent directive, was reported to move an A-List special on the agenda of the Council of Agriculture in addition to Fisheries. This would bring seen it voted through to its bit reading. Polish under-secretary from the ministry building for scientific discipline in addition to IT, Wlodzimierz Marcinski, kickoff made his opposition to the directive known final year. He said: "Poland is determined to opt for unambiguous seem inward the constabulary of the European Union on issues connected amongst the patentability of computer-implemented inventions, which at the same fourth dimension must ascertain that reckoner programs are excluded from patentability". Thanks to the bit Polish inte

China Daily reports that a grouping of DVD manufacturers, consisting of Sony Corp, Philips, Pioneer Corp as well as LG Electronics as well as known every bit the 4C Patent Group are existence sued yesteryear 2 Chinese DVD manufacturers. The Chinese yoke are claiming that the 4C Group violated U.S.A. antitrust laws yesteryear fixing prices as well as unlawfully tied their patents together as well as conspiring to monopolise the DVD component instrumentalist market. The grouping denies the allegation, pointing to the fact that it has licensed its patents to over 100 Chinese patent manufacturers. notes that, fifty-fifty though it may last beneficial to competition, those who engage inwards patent pools may hold off similar they are co-operating to an undue extent. More on antitrust police inwards mainland People's Republic of China here as well as here

Computer Patent Annuities (CPA) publishes a corking trivial quarterly magazine, the IP Review. isn't certain why he receives it, simply he's actually rather pleased that he does. The 9th issue, straight off published, is brilliant in addition to slow on the eye, beautifully produced in addition to amongst content that may hold out read profitably without having to revenue enhancement the reader's brains. From CPA's signal of sentiment it must hold out a fairly effective bird of advertising, since its articles steer readers towards the CPA philosophy of managing IP rights. IP Review's 28 pages include features on the next topics: * Influenza A virus subtype H5N1 spiky photograph in addition to matching article past times Keven Bader (UK Trade Marks Registry) on novel dispute resolution procedures earlier his office). * David Bainbridge's example complaint on the ludicrous determination of a Netherlands courtroom final yr to declare perfumes protectable s

The Register reports that Palo Alto-based hardware manufacturer Hewlett-Packard Co . (HP) has agreed to pay $141 meg (108.5 meg euro) to settle its patent disputes alongside software maker Intergraph Corp . of Huntsville, Alabama. The companies issued variety statements to the outcome that (i) they volition straightaway dismiss, take or terminate all pending lawsuits; (ii) piece reserving the correct to reinstate them; (iii) HP gets licences to all Intergraph patents piece (iv) Intergraph is licensed to purpose all HP patents inwards fields covered past times its electrical current products. Intergraph sued inwards 2002 claiming that Hewlett-Packard, Dell Inc. as well as Gateway Inc. infringed patents related to its systems using Intel Corp. chips. Related settlements were reached terminal twelvemonth alongside Intel, Dell as well as Gateway. Palo Alto-based Hewlett-Packard had been inwards litigation alongside Intergraph inwards both USA federal courtroom as well as inwards the Eur

Vnunet.com reports that the recent High German courtroom determination placing a levy on computers since they are seen every 2nd copying devices has been met amongst a cool reception past times the computing industry. The European information technology in addition to consumer electronics merchandise association EICTA has said that it volition struggle the decision, claiming that it creates a barrier to the internal marketplace inside the EU. It likewise warns of a forthcoming determination inwards Stuttgart, where the courtroom is considering whether printers should survive counted every 2nd copying devices. welcomes an appeal against this determination that seems to survive detrimental to consumers on spurious grounds.

This from The Register: a French court, ruling that Google's keyword advertising service infringes the merchandise score of Le Meridien Hotels, ordered Google.fr to halt using the merchandise score to trigger advertisements for Le Meridien's competitors. The gauge ordered Google to pay all courtroom fees addition a €2000 ($2,595) fine. The Tribunal de Grande Instance de Nanterre said that Google must halt linking challenger ads to searches for Le Meridien merchandise score items too Le Meridien brands. If Google fails to withdraw offending advertising links inside 72 hours of beingness notified of a listing it faces a daily fine of €150 ($195). Google relies on adword sales for merely about 98 per cent of its income. Not all of this is theme on challenger searches, however. Still, Google says it volition appeal against this decision, saying: "We volition maintain to defend against this suit, which nosotros believe is without merit". The French court's determinati

Today's resultant of the Official Journal of the EU contains the full text of the Commission Decision of 29 Oct 2004 establishing the European Technical in addition to Scientific Centre (ETSC) in addition to providing for coordination of technical actions to protect euro coins against counterfeiting (2005/37/EC). Euros: the Romans came pretty some creating a unmarried European currency -- precisely await what happened to them! is delighted to run into this initiative, which is specifically designed to protect the integrity of his money collection. Merpel is even in addition to thus wondering why people would always bother making counterfeit coins when the net income margin on counterfeit notes is in addition to thus much higher. More on faux Euro coins here Numismatism here and here

On Midweek the European Court of Justice's Court of First Instance (CFI) dismissed the appeal of Proteome ( Case T-387/03 , Proteome Inc. 5 Office for Harmonisation inwards the Internal Market ) to register the discussion BIOKNOWLEDGE every bit a Community merchandise rank for – Class 9: ‘Databases, inwards physical too electronic form, providing information relating to organisms, too reckoner software for purpose inwards searching, retrieving, compiling, organising, managing, analysing, communicating and/or integrating information inwards too with repositories of information inwards electronic form, including reckoner databases’; – Class 16: ‘Printed material, including guides too manuals, concerning repositories of information relating to organisms’; – Class 42: ‘Information too reckoner services, namely developing and/or providing access to databases containing information relating to organisms, too reckoner software related thereto’. The application was dismissed on the g

can't pretend he's read them yet, but amendments to the Patent Cooperation Treaty (PCT), which get got consequence from 1 Apr 2005, get got but been circulated past times the World Intellectual Property Organization, the trunk that administers the PCT. Influenza A virus subtype H5N1 cursory glance suggests that these amendments are largely for user-friendly purposes such every bit facilitating electronic filings as well as other actions. WIPO: the PCT is 1 of its best achievements More data on the PCT addition sum listing of countries inwards which you lot tin become patents through the PCT here Other things to produce on 1 Apr here as well as here

has received roughly other comment on the Praktiker representative (see yesterday's ii blogs on it), this fourth dimension from his learned as well as esteemed friend Udo Pfleghar (Rechtsanwalt, Boehringer Ingelheim GmbH, formerly of OHIM). Udo writes: Quickly (and in all probability quite differently from the official translation), the conclusions (and suggested responses) of the Advocate General may survive translated every minute follows: 1. Services provided inwards the context of retail merchandise of goods, which are distinct from the actual sale as well as are identifiable, may survive considered to survive services inside the pregnant of Directive 89/104 for which a service grade may survive registered. 2. The services of a retailer inwards the context of retail merchandise of goods, for which a service grade may survive registered, are to survive clearly specified inwards such a agency inwards accordance amongst the Directive that it is discernable what these servi

The November-December issue of The Trademark Reporter has reached these shores in addition to the IPKat’s paws in addition to is packed alongside goodies such as: * a comparing of merchandise score dilution police line inwards the European Union in addition to U.S.A. past times renowned U.S.A. goodness J Thomas McCarthy (full text of article available here ) * a intelligence of the human relationship betwixt merchandise score protection for the configuration (trade dress) of goods in addition to the postulate for contest on the marketplace pose past times Jerre B Swann in addition to Michael J Tarr * a slice on where in that location is a postulate for a course correct of publicity inwards the U.S.A. past times Barbara H5N1 Solmon * a newspaper on the component of inference inwards establishing the country of heed of consumers when looking for the likelihood of confusion past times William E Gallagher in addition to Ronald C Goodstein PhD Musical instruments: the adjacent ba

PC World reports on an upcoming Italian merchandise rank dispute betwixt Intel as well as an Italian figurer manufacturer. SBF Elettronica SRL manufactures PCs inward a suburb of Naples. It uses a logo containing the words "G Genoa Power Inside" on its machines since, at ane fourth dimension it used motherboards produced yesteryear a companionship named Genoa (though it has ceased to practise as well as therefore since the companionship went bankrupt). Chip-maker Intel claims that the Italian company’s purpose infringes its INTEL INSIDE logo, which is registered every bit a merchandise rank inward the EU. SBF’s lawyer claims that in that place is no infringement. He states: “SBF says in that place is no such conduct chances [of confusion], that G Genoa is a complex merchandise rank as well as that 'Inside' is a term inward mutual English linguistic communication purpose that does non of itself evoke the Intel merchandise mark." He claims that the color as well

Only a calendar week to CLT's 9th Annual Intellectual Property Law Round-Up conference, which is coming upward adjacent Tuesday 25 Jan inward the convivial surround of Le Meridien Piccadilly, London. volition endure at that spot as well as a goodness fourth dimension is pretty good guaranteed, what alongside a highly-charged atmosphere (well, it is expensive), first-class speakers as well as or then pretty goodness inquiry expected from the floor. It's even then non likewise belatedly to book! Le Meridien: volition endure amount of happy IP experts as well as enthusiasts adjacent Tuesday

The previous spider web log (see below) bemoaned the non-appearance of English linguistic communication in addition to French versions of the European Court of Justice Opinion inwards Praktiker Bau that looked equally though it was really of import to us IP enthusiasts. Praktiker: the displace of all the fuss Following from this, a one k thank you lot to the IPKat's doughty friend Tibor Gold ( Kilburn & Strode ), who sent him an e-mail today that reads equally follows: This Opinion of 13.01.05 was delivered inwards French however extraordinarily is non available inwards French on the ECJ website. This summary is from the High German alongside really cursory comparing alongside the Spanish. This concerned a ref nether Art. 234 EC to the ECJ yesteryear the Bundespatentgericht. The questions were: 1 Does retail trading constitute a service inside the pregnant of Article two of the Directive? If the answer to this inquiry should endure affirmative: 2 To what ext

Here's an Opinion of Advocate General Philippe Léger ( Case C-418/02 , Praktiker Bau- und Heimwerkermärkte , xiii Jan 2005). This Opinion is available exclusively inward Spanish, Portuguese, Finnish, Swedish, Italian together with German . Once again, tin around sort somebody PLEASE pose the IPKat together with his myriad readers out of their misery past times telling them what the prissy homo said (he thinks it's something to job amongst service marks). Merpel adds, "it's plenty to brand a truthful cat vociferation ..." "Please enjoin us what the prissy homo said. We're sooooo curious ..." Google hits for "make a truthful cat cry" here

Now here's a piece, lovingly translated into English, from the IPKat's friend in addition to swain blogger Jean-Baptiste Soufron: Last December, the AFA (the French Internet access provider Association) announced that it had been asked yesteryear the SCPP (the French version of the RIAA) to cutting xx P2P users off from the internet. Led yesteryear Vivendi Universal Music’s Chairman Pascal Negre, the SCPP based its claims on a recent French Internet Law, the Loi Pour la Confiance dans l’Economie Numérique (LCEN, the Digital Economy Confidence Act) Article viii of which allowed Courts to suspend whatever evidently illegal content. They invoked particular urgency procedures, seeking to avoid confronting the P2P users in addition to avoiding the bad publicity such a matter could convey to French Music Producers. The French Court refused to accede to the SCPP's request. Its determination of viii Oct has merely been made available yesteryear the Forum des Droits sur l’interne

If your merchandise grade has been on the Trade Marks Register inwards the United Kingdom of Great Britain together with Northern Ireland for a century together with then you’re inwards for a treat. The Patent Office volition live on inwards contact amongst you lot to offering you lot the jeopardy to stimulate got a certificate issued to grade this occasion. From the Patent Office’s indicate of thought the practice volition “promote Intellectual Property equally a valuable concern commodity”. It is equally good beingness seen equally an chance for advertise together with publicise their companies. The Patent Office “marks” a meaning date doesn’t dubiety that merchandise marks are valuable concern assets exactly he’s non certain that vantage for registering that takes 100 years to come upwardly to fruition volition encourage many to a greater extent than businesspeople to utilise for merchandise marks. More ways to celebrate a century here , here together with here

The old Yugoslav Republic of Republic of Macedonia has deposited its musical instrument of accession to the WIPO Performances as well as Phonograms Treaty (WPPT) 1996. This agency that the WPPT comes into forcefulness inwards ex-Yugo Mac on twenty March 2005. However, aught inwards the Balkans is e'er equally uncomplicated equally it seems. The musical instrument of accession contains the next declarations: "The Republic of Republic of Macedonia shall non employ the provision on the measure of publication inwards abide by of the national handling on protection of phonogram producers inwards accordance alongside Article three paragraph three from the WIPO Performances as well as Phonograms Treaty, inwards relation to the expressed reservation of the Republic of Republic of Macedonia on Article v paragraph three from the International Convention for the Protection of Performers, Phonogram Producers as well as Broadcasting Organizations ( Rome Convention )". "The Rep

Attention all you lot merchandise rate owners out there! Thanks to the BBC , the IPKat has industrial plant life out close a unique advertising opportunity. Andrew Fischer of Omaha, Nebraska, is selling infinite on his brow through auction website eBay . The highest bidder volition hold upward entitled to bring his merchandise rate tattooed on Fischer’s brow inwards temporary ink that volition final for xxx days. However, he refused to behavior whatever illegal or immoral signs. The coin volition hold upward set towards Fischer’s college fees. Bidding eventually ended at $30,000. thinks that this is a groovy idea, though it’ll halt working if everyone else starts doing it. Merpel adds that peradventure tuition fees are likewise high if students bring to sell their bodies to pay them. Fischer’s website here . More ways to sell torso parts here as well as here .

The World Intellectual Property Organization announced on Friday that the one millionth international patent application had been filed nether the Patent Cooperation Treaty (PCT). This took only 26 years from the PCT scheme going alive inwards 1978. Said WIPO Director-General Kamal Idris: "One 1000000 international patent applications translates into i 1000000 pieces of technology that accept entered the populace domain for the exercise goodness of gild at large. This reflects the contribution that the intellectual holding scheme makes to spurring technological evolution in addition to expanding the puddle of populace knowledge. While it took 22 years to have the starting fourth dimension one-half 1000000 PCT patent applications, it took solely four years to pinnacle the i 1000000 mark, reflecting an astonishing acceleration inwards the footstep of technological evolution in addition to unprecedented purpose of the international patent system. This is a rigid indication of the st

A communiqué from WIPO informs the IPKat of the novel members of the diverse treaties administered yesteryear WIPO. As a result, the numbers of states to convey acceded to the diverse treaties every mo of 31 Dec 2004 are (in numerical order): Who'll endure peak of the treaties for 2005? 1. WIPO Convention 181 2. Paris Convention 162 3. Berne Convention 157 4. Patent Cooperation Treaty (PCT) 124 5. Rome Convention 79 6. Nice Agreement 74 7. Madrid Protocol 66 8. Budapest Agreement 60 9. UPOV Convention (plant varieties) 58 10. Madrid Agreement 56 11. Strasbourg Agreement (IPC) 55 12. WIPO Copyright Treaty (WCT) 50 13. WIPO Performances too Phonograms Treaty (WPPT) 48 14. Locarno Agreement 44 15. Naorobi Treatment 43 16. Madrid Agreement (Indications of Source) 34 17. Trademark Law Treaty (TLT) 33 18. Hague Agreement (Hague Act) 31 19. Lisbon Agreement 22 20. Vienna Agreement 20 21. Hague Agreement (Geneva Act) 16 22. Patent Law Treaty (PLT) 9 offers a pr

This comes from New Scientist via here and here

It’s non oft that a Trade Mark Registry conclusion makes the newspapers, only yesterday the London Metro reported on a major catfight , decided on 21 Dec 2004. The cartoon grapheme “Tony the Tiger” has been telling consumers that Kellogg’s FROSTIES are “Grrrreat!” for many years in addition to has lived on the U.K. Trade Mark Register for a while. Kellogg though didn’t mean value it was “Grrreat!” when Exxon applied to register the figurative TIGERMARKET mark, which featured a cartoon tiger for shops in addition to cafes located at its petrol stations. “Down Kellogg’s Kitty” said the hearing officeholder – in that place was judged to live on no likelihood of confusion, since consumers would distinguish betwixt the 2 lines of goods. Though cafes in addition to restaurants sell breakfast cereals, in that place was idea to live on no connective betwixt the parties’ goods/services. The article ends alongside a useful slice of data that you’re unlikely to uncovering inwards whatever IP see

wants to know, why did the Patent Office posted the 2001 Inter Partes trade grade decisions on its website yesterday? All answers gratefully accepted...

's friend Jordgubbar has sent him to a greater extent than or less thoughts on a recent proclamation yesteryear IBM, the nature of which is self-explanatory: " BBC News reported on Mon that IBM intends to license 500 of its States software patents on a royalty-free soil together with so that they tin live on used yesteryear the opened upward root evolution community. IBM has described the footstep equally a "new era" inwards the administration of its patent portfolio together with has indicated that farther patents would live on made to a greater extent than freely available inwards future. The patents include software for a hit of functions, including text recognition together with database administration (a amount listing is available here ). Announcing the pledge, Dr John E. Kelly of IBM said that "True innovation leadership is near to a greater extent than than but the numbers of patents granted". The pledge applies to whatever individual, community

likes to imagine himself a a sophistiKat who elegantly trots the globe. It is thence alongside around embarrassment that he confesses that he cannot set a finger to the fleck of the map which the Union of the Union of the Comoros occupies. agreed to choke members of the World Intellectual Property Organization (WIPO) alongside lawsuit from three Apr 2005. On the same engagement they accede to the Paris Convention on the Protection of Industrial Property as well as the Patent Cooperation Treaty More on the Union of the Comoros here , here and here Comoros Independence Day cards here

has received, from Simon Gentry of the Campaign for Creativity , the next statement, issued yesterday: A RERUN OF THE SOFTWARE PATENT DEBATE WILL DAMAGE EUROPE’S INNOVATORS The motion past times a little minority of MEPs to restart the legislative procedure on the Computer Implemented Directive (commonly misnamed the “Software patents” directive), volition do farther confusion, toll as well as incertitude for Europe’s most innovative little as well as medium sized companies. Supporters of the Directive believe the proposed Motion inwards the European Parliament which is primarily based on ‘discontinuity’, lacks sufficient grounds to validate restarting a legislative procedure which has been going on for 5 years now. Simon Gentry of the Campaign for Creativity said the motion past times opposition to delay the Directive further, begins to brand a mockery of the legislative process. “Given that the facts surrounding the Directive convey remained the same throughout the

The Miami Herald reports that Adidas is suing Abercrombie & Fitch inward the the US District Court inward Portland. The German linguistic communication sportswear manufacturer is claiming that several pairs of pants in addition to a zip-up travail shirt, all adorned amongst 3 parallel stripes running downwards the sleeve in addition to pant leg, which appeared inward Abercromie’s Christmas catalogue, infringe its three-stripes merchandise mark. This is non the laid about fourth dimension that the 2 companies convey met inward the the US courts concerning infringement of that mark, though inward the by the cases convey been settled. Adidas: never afraid to stripe patch the iron’s hot 1 time over again pays tribute to Adidas’ contribution to the evolution of merchandise score police describe the footing over. More stripy things here , here in addition to here

Here's about other Court of First Instance (CFI) Community merchandise seat case, posted today: Case T-334/03 Deutsche Post EURO EXPRESS GmbH v OHIM . Euro Express applied to register the give-and-take EUROPREMIUM for a broad hit of goods as well as services inwards Classes 16, 20, 35 as well as 39 of the Nice Agreement . The examiner refused the application on the solid put down that the seat was descriptive of the goods as well as services inwards enquiry equally good equally beingness devoid of whatever distinctive grapheme inside the important of Art.7(1)(b) as well as (c) of Council Regulation 40/94 . The Board of Appeal dismissed the appeal on the solid put down that Art.7(1)(c) precluded registration of EUROPREMIUM: this was because the seat was probable to hold out perceived yesteryear consumers equally an indication of the notable lineament as well as European rootage of the goods as well as services covered yesteryear it. Euro Express therefore appealed to the CFI. Euro