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General IP News

  • Join LES in Cape Town on World IP Day
    Links to the speakers:The impressive Brian Steinhobel through his website Art Steinhobel.The tax specialist and ENS executive - Mansoor Parker ... Read More
    Source: Afro IPPublished on 2019-04-21By Afro Leo
  • Avoiding Issue Preclusion Requires Specific Factual Allegations
    GemShares LLC v. Secured Worldwide, LLC, No. 17 C 6221, Slip Op. (N.D. Ill. Feb. 13, 2019) (Kennelly, J.). Judge Kennelly granted plaintiff GemShares’ motion for partial summary judgment as to liability on its breach of contract claim against the individual defendant. The Southern District of New York’s prior ruling ... Read More
    Source: CHICAGO IP LitigationPublished on 2019-04-19By R. David Donoghue
  • Avoiding Issue Preclusion Requires Specific Factual Allegations
    GemShares LLC v. Secured Worldwide, LLC, No. 17 C 6221, Slip Op. (N.D. Ill. Feb. 13, 2019) (Kennelly, J.). Judge Kennelly granted plaintiff GemShares’ motion for partial summary judgment as to liability on its breach of contract claim against the individual defendant. The Southern District of New York’s prior ruling ... Read More
    Source: CHICAGO IP LitigationPublished on 2019-04-19By R. David Donoghue
  • Thursday Thingies
    Take note of these events, call for papers, summer school and vacancies and don’t forget that you can always find a list of IP events on the IPKat’s Forthcoming Events page!IP developmentsThe 7th International IP Congress: “Recent IP developments in Europe” will be held on 7 June 2019 at the ... Read More
    Source: The IPKatPublished on 2019-04-18
  • DSM Directive Series #4: Article 17 obligations … in a chart
    As reported by The IPKat, earlier this week, like the European Parliament, also the Council adopted the latest version of the the Directive on copyright in the Digital Single Market (DSM Directive).One of the seemingly most complex -if nothing else, due to its length - provisions is what is now ... Read More
    Source: The IPKatPublished on 2019-04-17
  • Where is Haar and how did it get there? Observations on Geography while Waiting for G2/19
    Is Haar Munich or is it Haar? A few weeks after one of the most unusual referrals to the Enlarged Board of Appeal (EBA) of the EPO, this Kat tries to take a step back to answer both: (1) why the highest judicial instance of the organization has to ... Read More
    Source: The IPKatPublished on 2019-04-17
  • Claims Involving the Band Survivor’s Trademarks are Sufficiently Pled
    Sullivan & Survivor Music, Inc. v. Bickler, No. 18 C 3770, Slip Op. (N.D. Ill. Jan. 25, 2019) (Lee, J.). Judge Lee denied defendant Bickler’s, the former lead singer of the band Survivor, Fed. R. Civ. P. 12(b)(2) & (6) motion to dismiss plaintiffs’ (collectively “Survivor”) Lanham Act claims related ... Read More
    Source: CHICAGO IP LitigationPublished on 2019-04-17By R. David Donoghue
  • Claims Involving the Band Survivor’s Trademarks are Sufficiently Pled
    Sullivan & Survivor Music, Inc. v. Bickler, No. 18 C 3770, Slip Op. (N.D. Ill. Jan. 25, 2019) (Lee, J.). Judge Lee denied defendant Bickler’s, the former lead singer of the band Survivor, Fed. R. Civ. P. 12(b)(2) & (6) motion to dismiss plaintiffs’ (collectively “Survivor”) Lanham Act claims related ... Read More
    Source: CHICAGO IP LitigationPublished on 2019-04-17By R. David Donoghue
  • AIPPI Event Report: Actavis v ICOS Supreme Court Rapid Response
    "Nope, nothing to see here..."A couple of weeks ago, AIPPI UK held their latest Rapid Response seminar addressing the UK's Supreme Court decision in Actavis v ICOS [2019] UKSC 15.  Yet another seminar had to pass the AmeriKat by, but she had to hand a perky Kat friend, in the ... Read More
    Source: The IPKatPublished on 2019-04-17
  • Paul Rawlinson (1962-2019)
    Paul RawlinsonIt is with great sadness that the IPKat team has learnt of the unexpected passing on Friday of IP lawyer, Global Chair of Baker McKenzie, husband, father and friend - Paul Rawlinson.After studying law at Kent University and University of Paris XI, Paul joined Baker McKenzie in 1986 and ... Read More
    Source: The IPKatPublished on 2019-04-16
  • Retromark Volume V: the last six months in trade marks
    Hot on the heels of last month’s 2019 edition of the Retromark conference, reviewed here, comes the fifth (how times flies) edition of Darren Meale of Simmons & Simmons’ Retromark rundown of notable trade mark cases over the past six months. Links to the four previous editions are at the ... Read More
    Source: The IPKatPublished on 2019-04-16
  • Expect further debate over EU copyright reforms, says Rauer
    The debate over controversial reforms to EU copyright laws will not end with the adoption of the Digital Single Market Copyright Directive, an intellectual property law expert has said. ... Read More
    Source: Out-Law.comPublished on 2019-04-15
  • TMSR, part 3
    Session 3: Defining Marks in Trademark Law vs. Defining Subject Matter in Adjacent Areas of IPIn formulating rules about defining marks in trademark law, what (if anything) can be learned from the longstanding debate about defining pictorial, graphic, and sculptural works in copyright law? What can be learned from the ... Read More
    Source: TushnetPublished on 2019-04-15By Rebecca Tushnet
  • Naked Licensing Defense Alone Does Not Violate Trademark Best Efforts or Notice Clauses
    Chicago Mercantile Exchange Inc. v. ICE Clear US, Inc., No. 18 C 1376, Slip Op. (N.D. Ill. Feb. 1, 2019) (Kennelly, J.). Judge Kennelly granted defendants’ (collectively “ICE”) Fed. R. Civ. P. 12(b)(6) motion to dismiss and motion to strike paragraphs of the complaint in this Lanham Act and breach ... Read More
    Source: CHICAGO IP LitigationPublished on 2019-04-15By R. David Donoghue
  • Naked Licensing Defense Alone Does Not Violate Trademark Best Efforts or Notice Clauses
    Chicago Mercantile Exchange Inc. v. ICE Clear US, Inc., No. 18 C 1376, Slip Op. (N.D. Ill. Feb. 1, 2019) (Kennelly, J.). Judge Kennelly granted defendants’ (collectively “ICE”) Fed. R. Civ. P. 12(b)(6) motion to dismiss and motion to strike paragraphs of the complaint in this Lanham Act and breach ... Read More
    Source: CHICAGO IP LitigationPublished on 2019-04-15By R. David Donoghue
  • BREAKING: Council adopts DSM Directive
    After the vote in the European Parliament, this morning the Council also voted in favour of the latest version of the Directive on copyright in the Digital Single Market (DSM Directive).Here's how individual countries have voted:What happens now?Following publication on the EU Official Journal, the DSM Directive will enter into force. ... Read More
    Source: The IPKatPublished on 2019-04-15
  • Sunday Surprises
    The miscellany this week includes a PhD opportunity, a number of calls for papers and some summer courses.EventsTop US and UK intellectual property judges, USPTO and UKIPO officials and leading IP litigators will discuss the impact of Brexit on IP - and other hot topics - in a series of ... Read More
    Source: The IPKatPublished on 2019-04-14
  • USPTO find two male torso-shaped perfume bottles confusingly similar
    The USPTO recently refused registration of the 3D mark filed by Coscentra B.V. shown below left (colour is not claimed as a feature of the mark) for goods ultimately identified as “Perfumery, essential oils, articles for body- and beauty-care, namely, perfumes” in Class 3, based on the existence of a ... Read More
    Source: The IPKatPublished on 2019-04-14
  • A review of the AIPPI General Seminar
    As discussed previously https://blog.ipfactor.co.il/2019/04/03/association-israel-pepperoni-pizza-iniquity/, at the last AIPPI meeting which was an AGM with lectures as well, the AGM bit didn’t take place due to lack of a quorum. Indeed, a grand total of 15 members turned up, including the president Nachman Cohen Tzedek, the treasurer Eyal Bressler and the ... Read More
    Source: The IP FactorPublished on 2019-04-14By Dr Michael Factor
  • Guitar headstock not distinctive for … guitars, says EUIPO Board of Appeal
    The EUIPO Fourth Board of Appeal recently issued an interesting – yet unsurprising decision concerning the distinctive character of three-dimensional marks. In particular, the question before the Board was whether the headstock of a guitar could be registered as a figurative mark for guitars. With an application filed in February 2017, Paul reed Smith ... Read More
    Source: The IPKatPublished on 2019-04-14
  • Never Too Late: if you missed the IPKat last week
    The weekend is here, but you can’t really enjoy it if you don’t read Never Too Late first!PatentsAfrica Correspondent Chijioke Okorie discusses the judgment of the Dutch Court of Hague in Ancientgrain BV and Bakels Senior NV delivered on 21st November 2018 and what this decision means for Ethiopia’s battle ... Read More
    Source: The IPKatPublished on 2019-04-14
  • Conference report – More than Just a Game
    Last week the city of London hosted the 2-day conference More Than Just a Game: The Role of Games and Interactive Entertainment in Society, organised by Dr. Gaetano Dimita. The event took place in the Victorian One Birdcage Walk building at the heart of Westminster where a total of 42 ... Read More
    Source: The IPKatPublished on 2019-04-13
  • TMSR, part 2
    Session 2:  Defining Markets: Doctrinal Settings for Market Analysis in Trademark LawTrademark law clearly already undertakes market definition in the analysis of genericism and also for functionality. Are current approaches adequate? Are markets defined the same way, through the same inquiries, in both settings?   Should they be?   If so, what ... Read More
    Source: TushnetPublished on 2019-04-13By Rebecca Tushnet
  • Non-party video provides plausibility to falsify claim that hose is “tough enough to tow a truck”
    Telebrands Corp. v. Ragner Technol. Corp., No. 16-3474 (ES) (MAH), 2019 WL 1468156 (D.N.J. Apr. 3, 2019)“The dispute between these parties spans multiple lawsuits, multiple jurisdictions, and even multiple countries.” Ragner owns patents for expandable hoses.  Telebrands sells expandable hoses and is the exclusive licensee of another patent directed to ... Read More
    Source: TushnetPublished on 2019-04-13By Rebecca Tushnet
  • Eleventh Trademark Scholars Roundtable: Defining Marks and Markets
    Session 1:  The Process for Defining Marks (Registered, Unregistered)What are the different ways to define marks? What are/should be our goals in defining marks? What are the costs of permitting fuzzy definition? Are there costs to  imposing  strict requirements in defining marks? What are the next steps in the debate ... Read More
    Source: TushnetPublished on 2019-04-13By Rebecca Tushnet
  • PTAB Continues to Preclude PTAB Challenges That It Views As Untimely
    In a proceeding that included Patent Office Director Andrei Iancu on the panel, the PTAB issued an order this past week denying institution of 3 IPRs filed by Valve. The decision demonstrates that the PTAB continues to tighten its standards for institution of post-grant challenges, including based upon considerations related ... Read More
    Source: INTELLECTUAL PROPERTY LAW BLOGPublished on 2019-04-12By Harper Batts and Chris Ponder
  • USPTO Seminar at the Israel Patent Office
    israel patent officeOn Tuesday 2nd April the Israel Patent Office hosted a seminar about various aspects of patenting. The topics covered included: The Patent Prosecution Highway (PPH) The patentability of software and business method patents in ... Read More
    Source: The IP FactorPublished on 2019-04-12By Dr Michael Factor
  • South Africa’s Acute IP Information Gap
    I have been busy this past month researching and speaking on the important relationship between IP, governance, business finance and accounting in the context of the collapse of Steinhoff involving irregularities in reporting on IP, the dramatic sale of EOH shares following the termination of Microsoft reseller license, the ongoing ... Read More
    Source: IP financePublished on 2019-04-12By Darren Olivier
  • The Acute IP Information Gap in South Africa
    I have been busy this past month researching and speaking on the important relationship between IP, governance, business finance and accounting in the context of the collapse of Steinhoff involving irregularities in reporting on IP, the dramatic sale of EOH shares following the termination of Microsoft reseller license, the ongoing ... Read More
    Source: Afro IPPublished on 2019-04-12By Darren Olivier
  • Welcome to the Northern District Magistrate Judge Fuentes
    Gabriel Fuentes has been appointed as the Northern District of Illinois’ newest magistrate judge. Before going to Northwestern Law, Fuentes was a journalist for the Los Angeles Times and Chicago Tribune. After law school, he served as an assistant U.S. Attorney before becoming a partner at Jenner & Block, where ... Read More
    Source: CHICAGO IP LitigationPublished on 2019-04-12By R. David Donoghue