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Intellectual Property News

The latest updates and breaking news on Intellectual Property from around the world
Aster Disaster: General Court Rules Likelihood of Confusion

Aster Disaster: General Court Rules Likelihood of Confusion

Jul 10, 2015
The General Court recently overturned a Board of Appeal decision in Case T-521/13, to rule that there was, at least in a part of the relevant public, a likelihood of confusion betw...
Are Registered Community Design Rights Slipping Down the Drain?

Are Registered Community Design Rights Slipping Down the Drain?

Jul 9, 2015
The law relating to Community design rights is set out in COUNCIL REGULATION (EC) No 6/2002 otherwise known as the Community Designs Regulation ("CDR"). A recent case T-15/13 - Gr...
Photographs and the Law - Re-publish, retweet, regret?

Photographs and the Law - Re-publish, retweet, regret?

Jul 8, 2015
A California photographer, Dennis Flaherty, is suing beverage company Big Red for using one of his photographs on their social media account for promotional purposes. This form of ...
Are You Sitting Comfortably - The Sofa Workshop v Sofaworks - TM's, Non-use and Passing Off

Are You Sitting Comfortably - The Sofa Workshop v Sofaworks - TM's, Non-use and Passing Off

Jul 7, 2015
In what Sofaworks CEO Jason Tisdale has stated was a 'David and Goliath' case, the Wigan based furniture manufacturer has lost its legal battle against their furniture brand rivals...
Max Schrems v Facebook - Latest Round goes to FB

Max Schrems v Facebook - Latest Round goes to FB

Jul 6, 2015
Facebook has won the latest case against an Austrian law student who is attempting to sue the social network on privacy grounds. In the latest ruling in a long-running legal battl...
Night Club Owner Given Prison Sentence for Copyright Infringement

Night Club Owner Given Prison Sentence for Copyright Infringement

Jul 2, 2015
The defendant in the case of Phonographic Performance Limited Music Licensing Co. v Fletcher, received a prison sentence after repeatedly infringing copyright by playing music with...
Jumping to Conclusion of Copyright Infringement? Nike's "Jumpman" Logo

Jumping to Conclusion of Copyright Infringement? Nike's "Jumpman" Logo

Jul 1, 2015
A recent decision from the US considers whether Nike infringed US copyright law with its "Jumpman" logo. In Jacobus Rentmeester v Nike Inc., District Judge Michael Mosman granted ...
Can a Place Name be a Trade Mark - The Case of 'Canary Wharf'

Can a Place Name be a Trade Mark - The Case of 'Canary Wharf'

Jun 29, 2015
Canary Wharf Group Ltd ("CWG") v Comptroller General of Patents, Designs and Trade Marks [2015] EWHC 1588 (Ch), is a recent example of a case on when a place name was not registrab...
Music to the Music Industry's Ears - Government Loses Copyright Case

Music to the Music Industry's Ears - Government Loses Copyright Case

Jun 22, 2015
The High Court recently (Friday 19 June 2015) ruled against the UK Government in a Judicial Review brought by three bodies representing music rightsholders. The British Academy of...
Lego Figures are 'Protected' Shapes

Lego Figures are 'Protected' Shapes

Jun 17, 2015
The General Court of the European Union has ruled that the shape of Lego's figurines is a protected Community trademark and therefore cannot be copied.  Lego, the world's second bi...
Filesharing - Responsibility and Calculation of Damages

Filesharing - Responsibility and Calculation of Damages

Jun 15, 2015
How damages are calculated in filesharing cases has proved to be very difficult and controversial.  Some guidance on this has been given recently by the Bundesgerichtshof, the Germ...
'Gel Nails at Home' Held to be Descriptive

'Gel Nails at Home' Held to be Descriptive

Jun 11, 2015
The General Court recently dismissed an appeal brought by the appellant, Bora Creations SL, against OHIM's refusal to register 'GEL NAILS AT HOME' as a trade mark for goods in clas...
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