General IP News

Copyright has nothing to do with art. Those who believe otherwise are romantic dreamers who overcomplicate this field of law. No doubt you will have heard or read this before. Perhaps you might even share this view. If so, Daniel McClean’s latest edited collection, 'Artist, Authorship & Legacy: A Reader’, ... Read More

It was just a few days ago that Advocate General Szpunar issued his Opinion[discussed here]in the important Afghanistan Papers case, ie Funke Medien, C-469/17. This is a referral from Germany asking about the interplay between copyright protection and fundamental rights, notably freedom of information and freedom of the press.Pending all ... Read More

November saw the Brazilian Intellectual Property Office opening a public consultation for the Draft on the ‘Normative Instruction’ that will establish the conditions for registration of Geographical Indications (GIs). This move aims to provide ‘transparency to the analysis and examination procedures’. Moreover, INPI adds that it is important to hear ... Read More

As announced earlier today, the Court of Justice of the European Union (CJEU) has finally issued its (short) judgment in Levola Hengelo, C-310/17, holding that copyright cannot vest in the taste of a food product (a spreadable cheese in the background Dutch proceedings).The case is important for a number of ... Read More

At last! The most exciting copyright day of the year has finally come: the Court of Justice of the European Union (CJEU) has just handed down its judgment in Levola Hengelo, C-310/17!As readers know, this was a referral for a preliminary ruling from The Netherlands, asking whether copyright could vest ... Read More

Certified Nutraceuticals, Inc. v. Avicenna Nutraceutical, LLC, 2018 WL 5840042, No. 16-cv-02810-BEN-BGS (S.D. Cal. Nov. 7, 2018)The court awarded roughly $170,000 in fees in this Lanham Act false advertising case because the plaintiff engaged in the same conduct (falsely claiming that its product was patented) as its competitor in the ... Read More

LivePerson, Inc. v. [24]7.AI, Inc., 2018 WL 5849025, No. 17-cv-01268-JST (N.D. Cal. Oct. 26, 2018)LivePerson “provides online chat engagement services through a digital platform that it sells to website operators.” That is, it helps websites provide real-time text-based communications with website users directly on the website. Its platform tries to ... Read More

Even when it rains kats and dogs, IPKat wastes no time hibernating. The IP world has been bursting with action during the past week, but IPKat has missed nothing (or nearly so). Enjoy a roundup review of recent cases, events, and once more… echo of Articles 11 and 13 of ... Read More

This is the first of a series of weekly articles providing an overview of different aspects of patents and other types of intellectual property. The target audience is heads of R & D, entrepeneurs and the like, rather than practicing IP professionals. Feedback, is appreciated as always. A patent is ... Read More

This is a guest post from Prof Wim Alberts.The Research Centre for Private International Law in Emerging Countries, Faculty of Law, in cooperation with the Law Library, invites you to a conference on Commercial Private International Law in India and South Africa – A Shared Future in BRICS DATE: Wednesday 21 November 2018TIME: 09h00 for ... Read More

Kremerman v. Open Source Steel, LLC, 2018 WL 5785441, No. C17-953-BAT (W.D. Wash. Nov. 5, 2018)This case involved cannabis distillation equipment. Kremerman sued OSS for design patent and trade dress infringement and related claims. OSS counterclaimed for false patent marking, false advertising under the Lanham Act, and violation of Washington’s ... Read More

Illinois Tool Works Inc. v. Rust-Oleum Corporation, 2018 WL 5810327, No. H-17-2084 (S.D. Tex. Jun. 21, 2018) ITW’s Rain-X and Rust-Oleum’s RainBrella water repellant product compete in the market for use on vehicle windshields. Rust-Oleum advertised that RainBrella lasted twice as long as Rain-X, as proved by use that lasted over ... Read More

Manigault v. ABC Inc., 17-CV-7375 (KNF), 2018 WL 5818101 (S.D.N.Y. Oct. 10, 2018)I show up in this opinion because I wrote a blog post and the pro se plaintiff decided that I was some sort of publicist for ABC (I am not). Manigault sued ABC for trademark infringement/dilution, false advertising, ... Read More

Vault Cargo Management, LLC v. Rhino U.S.A., Inc., No. 18-cv-01517-H-LL, 2018 WL 5809516 (S.D. Cal. Nov. 6, 2018)The parties compete to sell products, including a variety of vehicle straps. Rhino allegedly created the false impression that its products are made in the United States, even though import records show that ... Read More

Here’s a rundown of some past events, and some upcoming ones.  I will provide an update on some of the legal developments at a later date (I know I have been a bit remiss). On October 4, 2018, I spoke about China at the University of Nevada Las Vegas’ program  ... Read More

USPTO Director Iancu recently gave a speech in Texas concerning the debate involving innovation and patent enforcement by so-called "patent trolls" in the United States.  Notably, he lauds risk takers and innovators, and states that the patent troll narrative is designed to stifle innovation by essentially creating fear about participating ... Read More

Evoqua Water Technologies LLC v. M.W. Watermark, LLC, No. 16-cv-14, 2018 WL 5784073 (W.D. Mich. Nov. 5, 2018)Eric Goldman will probably appreciate the court’s takeaway here: “Plaintiff and Defendants are not only business competitors, but also stepchildren, in a way, fighting about the original business of a common corporate ancestor, ... Read More

Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc., --- F.3d ----, 2018 WL 5726690 2018 WL 5726690, No. 17-1762, No. 17-1869, No. 17-2712, No. 17-2731 (8th Cir. Nov. 2, 2018) The court says some very interesting things about descriptiveness, the legitimacy of non-trademark claimants' use of descriptive terms ... Read More

LegalForce RAPC Worldwide P.C. v. Trademark Engine LLC, 2018 WL 5734621, No. 17-cv-07303-MMC (N.D. Cal. Oct. 31, 2018)RAPC, a law firm, alleged that its competitor TME “operates website TrademarkEngine.com to advertise, promote and provide trademark related services” and used false or misleading statements in Google ads and on its website, ... Read More

Last month, this Kat attended the Thomson Reuters Practical Law 4th Annual Trade Mark Conference at etc.venues in London.The Impact of Brexit on Trade MarksAfter the formal welcomes and introductions, the first Plenary session kicked off by heading straight into everyone’s favourite topic: the impact of Brexit on trade marks. ... Read More

Technology and telecoms companies dominate the list of companies that have filed the most applications for European patents relating to driverless cars, according to data compiled by the European Patent Office (EPO). ... Read More

Take out your agendas! It's time to note down some dates:EventsA pun-tastic event will take place on 17 November in the framework of Bookcity Milan: Ho preso l'influencer (literally, "I've got the influenzar"). It will feature speakers Antonio Dikele Distefano, Guglielmo Panzera, Matteo Fumagalli, Rita Tardiolo ed Edoardo Barbera and IPKat own ... Read More

“If I cease searching, then, woe is me, I am lost. That is how I look at it – keep going, keep going come what may.” ― Vincent van Gogh, The Letters of Vincent van Gogh   “No one is ever satisfied where he is….Only the children know what they’re looking for….” ... Read More

ANALYSIS: Ireland is set to grow in popularity as a place businesses will choose to assert or challenge patent rights. ... Read More

A few days ago, on Twitter US President Donald Trump posted an image of himself accompanied by the caption 'Sanctions Are Coming'.One would not understand what the potential IP issues would be with this tweet if they were not also familiar with the successful HBO TV series Game of Thrones ... Read More

 If you are interested in media law, our friends KNect365 let The IPKat know about two events that also carry a 15% discount in the registration fee for our readers. The first event, the Internet & Digital Media Law Conference 2018, is taking place in London on 5 December 2018. The agenda ... Read More

The Washington Post Editorial Board recently published an opinion piece, titled “The U.S. must take action to stop Chinese industrial espionage,” which strongly condemns China’s alleged theft of trade secrets.  The Editorial Board pointed to the recent indictment concerning DRAM trade secrets allegedly stolen from Micron, a U.S. based company.  ... Read More

Have you heard of TMview? This is a common online trade mark information platform. The platform, a free of charge tool, makes trade mark data (registration and application) widely available and easily accessible to all interested parties. The platform is used in the EU and in the ASEAN region. Talking ... Read More

Kat standardIf you are into standards and patents, then you may want to check out the forthcoming conference, Standards & Patents, that will be held in London on 5 and 6 December 2018.The agenda tackles topics such as  AI, Open Source, and the future of patents. Speakers include leading in-house authorities (eg, Nokia, ... Read More

David Stone recently shared his wisdom on the current and anticipated EU designs law changes with IPSoc members. IPSoc is the society for junior IP lawyers in the UK, you can find out more about joining IPSoc here. The current legal framework for designs in the EU dates back to ... Read More