The team is joined by Guest Kats Rosie Burbidge, Stephen Jones, Mathilde Pavis, and Eibhlin Vardy, and by InternKats Verónica Rodríguez Arguijo, Hayleigh Bosher, Tian Lu and Cecilia Sbrolli.

Wednesday, 31 May 2017

Never Too Late: If you missed the IPKat last week!

Were you too busy last week and missed out on the latest IPKat news? Not to worry, the 149th edition of Never Too Late is out!

IPSoc Event Report: The ever-evolving law on the "communication to the public" right KatFriend Alex Woolgar reports on the IPSoc event where Kat Eleonora Rosati discussed recent developments in copyright law, specifically the right of communication to the public together with the related questions arising from the recent CJEU jurisprudence and the impact of Brexit on copyright law in the UK.

An EU text and data mining exception: will it deliver what the Digital Single Market Strategy promised? Kat Eleonora Rosati critically analyses how the new text of the DSM Strategy and its narrow data mining exception could affect start-ups and SMEs and compares the envisaged system with that already in force in the UK.

Nestlé loses yet another KitKat battle Roland Mallinson reports on the Court of Appeal decision Nestlé v Cadbury [2017] EWCA Civ 358. This latest development on the KitKat saga sees the Court of Appeal rejecting the evidence of acquired distinctiveness for the KitKat trademark, and our reporter draws comparison with the parallel action before the EU General Court.

Judge sounds alarm of weakened US patent system, while industry groups start amending Section 101 The AmeriKat talks about the alarmism surrounding the weaknesses of the US patent system through the words of Federal Circuit former Chief Judge Paul Michael, who discussed the immense uncertainty created by Supreme Court Patent eligibility decisions. 

BREAKING: Supreme Court limits US patentee's forum shopping capabilities Annsley Merelle Ward breaks the news on the judgement TC Heartland LLC v Kraft Foods Group Brands LLC (2017), where it was held that the provisions on the definition of residence of a defendant have to be interpreted narrowly, as place of residence refers to the State of incorporation.

Shinder, Shinder, Shinder … will you ever be like Tinder? On more romantic news, KatFriend Nedim Malovic tells the tale of Shinder, a dating app where the only available match is Shed Simove, the founder of the app himself, and Tinder, who needs no introduction. Is there a trademark infringement, can there be parody? And most importantly, will Mr. Simove find love?

US Supreme Court uses TC Heartland to blunt key troll tool, but will California welcome the next wave of troll litigation? AmeriKat kindly asked KatFriends  Mike Sacksteder and Athul Acharya from California-based firm Fenwick & West, to provide European readers with some background surrounding this week's TC Heartland decision reported above. 

Kat smelling interesting news
Is there copyright in the taste of a cheese? Sensory copyright finally makes its way to CJEU Cheese lovers! Kat Eleonora Rosati reports on the news that a Dutch District Court requested a reference to the CJEU on whether EU Law protects copyright on taste, cheese in this instance to be exact, and, if so, which requirements would have to be met. 

Big Data, products & processes: being a German patentee in the era of the Rezeptortyrosinkinase decisions “With the merging of data analysis and other technologies, such as gene sequencing and diagnostics, where does that leave litigants, especially in cases in which the information as such may have its own, potentially considerable, value?” KatFriend Jérôme Kommer from the Mannheim office of Quinn Emmanuel discusses the recent German Supreme Court cases addressing these questions.

Life as an IP Lawyer: Singapore The AmeriKat brings us for a day in the life of a IP Lawyer in Singapore: from a paperless office to frog leg porridge, discover what are the passions, habits and dreams of our Singaporean friend, Aarong Thng!

Appointed Person issues first appeal decision in a design case Martin Howe QC issued the first judgement under the new Appointed Person system, following the 2014 reform, on a case concerning a Union Jack garment design, which unsurprisingly was found to be invalid. Kat Eleonora Rosati reports.

The meaning of "red carpet" in two and three dimensions: from Ancient Greece to Cannes From epic stories of Agamemnon to first class trains to the shining lights of Hollywood, Kat Neil Wilkof tells the story on a fil rouge of how the red carpet concept came to be and what are the IP issues on the spotlight.

Judge Alsup driving forward Uber-Waymo trade secret dispute amongst "red flag" disclosure hearings Lastly, the AmeriKat reported on the latest developments on the Uber-Alphabet's Waymo dispute and Merpel also liked to share her thoughts on that.




PREVIOUSLY ON NEVER TOO LATE
Never Too Late 148 [week ending on Sunday 21 May] Book Review: Russell-Clarke and Howe on Industrial Designs I Scope of review by the General Court of decisions by the EUIPO Board of Appeal: the last act in LAGUIOLE I Dining out on trade marks - ZUMA - the own name defence for pets and groundless threats I The popular China copyright monitoring website 101 I Where are the women? Supreme Court hosts London launch of ChIPs with call to action to advance women in tech, law and policy I Br*x*t and brands – out of the EU in 680 days I In memoriam: Adolph Kiefer, Olympic gold medalist, innovator and inventor extraordinaire I Digital copies, exhaustion, and blockchains: lack of legal clarity to be offset by technological advancement and evolving consumption patterns? I German TV show allowed to call right wing politician 'Nazi sl*t', Hamburg court rules I Latest leak reveals that review of EU IP enforcement framework is currently in a deadlock I Sunday Surprises, Around the IP Blogs

Never Too Late 147 [week ending on Sunday 7 May] Deterrence sentencing for copyright infringement: Court of Appeal gives guidance I AIPPI Event Report: Will the Unwired Planet v Huawei FRAND judgment lead to fewer NPEs? I Unjustified Threats Bill receives royal assent I"Socialistic brand": a unique category of vintage brand I Movement afoot in the patent scene in Argentina I‘Right to be forgotten’ may potentially apply to all top-level domains, says Swedish Data Protection Authority I A General Civil Restraint Order against issuing further IP claims - Is this the end of the Perry v Brundle saga? I Monday Miscellany, Wednesday Whimsies

Never Too Late 146 [week ending on Sunday 30 April] Italian court finds Google and YouTube liable for failing to remove unlicensed content (but confirms eligibility for safe harbour protection) I Happy World IP Day! I Protecting the SOVEREIGN - The Royal Mint v The Commonwealth Mint I BGH on the freedom of the seas, ahm, panorama I ESPN: When Teflon is not enough in the face of platform disruption I BREAKING: CJEU in Filmspeler rules that the sale of a multimedia player is a ‘communication to the public’ I Filmspeler, the right of communication to the public, and unlawful streams: a landmark decision I Varsity Brands and Star Atheltica - A Closer Look I Court of Appeal dismisses Huawei's first appeal in Unwired Planet patent fight I Once upon a time: Inventive step argumentation as storytelling I Tuesday Miscellany, Around the IP Blogs, Never Too Late

Never Too Late 145 [week ending on Sunday 23 April] Should investment in innovation worry about geographic dispersion? Steve Case says "yes", but what about Pareto?|Trade mark trolls in Cuba: an update|Double-check your docketing!|Fordham 25|Unwired Planet v Huawei: Is FRAND now a competition law free zone? Not so fast…|European patent troll boom spurs Google, Adidas, Intel & Daimler backed IP2Innovate to demand Commission "get tough with US patent trolls"|AIPPI Report: Recapping 2016's most important soft IP cases

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