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.

Monday, 3 July 2017

Never Too Late: If you missed the IPKat Last Week!

Happy July Kat-followers! If you have been busy enjoying the first days of sweet summer, no worries at all, the 153rd edition of Never Too Late is here to bring you your weekly dose of IP news!

The week started with a boom with Kat Eleonora reporting that US Supreme Court holds provision preventing registration of disparaging trade marks unconstitutional. The Court allowed the rock band “The Slants” to register their name as a trade mark, explaining that trade marks are private speech, not the government's. Preventing the granting of applications would thus result in hindering free speech.

How can the labelling of our 5-a-day be made more enticing? Kat Neil explores the research on differentiated labelling for vegetables and their appeal to a young public translated into a trade mark perspective in: Wolfing down those veggies: it's a matter of the right descriptive term.

When you are curious about a fact, do you “Google it”? According to some, this would amount to trade mark “genericide” but as InternKat Cecilia tells us, A googol of generic questions in Ninth Circuit's Elliott v Google decision were raised in this subject, ultimately deciding that the Google trade mark is still alive and well.

Life as a Kat: gotta love those summer afternoon naps
In the seventh episode of the Life as an IP lawyer series, the AmeriKat brought us to Sydney, Australia to meet Wen Wu of Gilbert + Tobin. Mr. Wu describes his routine, his hopes and dreams for the future and his passion for AI Law.

Following on the previous week news, Kat Mark reported on an interview of Prof. Dr. Siegfried Broß. The Former Constitutional Court judge weighs in on UPC ratification suspension and gives his opinion on the role of EPO Boards of Appeal and on the timing of the proceedings.

In view of a fashion choice for last Friday's night out, there were news on the famous Louboutin red sole shoes. In fact, AG Szpunar advises CJEU to rule that a red sole may not be just a colour but maybe also a shape which would fall under the prohibition of the trade marks directive. Kat Eleonora comments on the possible outcomes of the decision.

If instead of a night out dancing you are more of a heraldry kind of person, well with the news on Trump and his coat of arms you were in for a treat. Yes, Trump owns a coat of arms, and yes, in the UK they are not too happy about it. Guest Kat Rosie reports.

And last, riding on to the weekend, Guest Kat Rosie also told us that BMW wins appeal over use of trade mark to promote spare parts business. The Court of Appeal applied a test, making a clear distinction between informative use and commercial use for spare parts.



Image credits: Cecilia Sbrolli


PREVIOUSLY ON NEVER TOO LATE

Never Too Late 152 [week ending Sunday 18 June] German Constitutional Court stops implementing legislation for Unitary Patent Package | Conference report: Innovation and Competition in Life Sciences Law - Part I | Conference report: Innovation and Competition in Life Sciences - Law Part II | Special K and beyond: tennis brands | CJEU says that site like The Pirate Bay makes acts of communication to the public | The challenge of big data: we ignore it at our professional peril | German court orders Google to stop linking to Lumen Database | Event report: Trends in the creative digital economy | A Tale of Stability - Business Models in the Creative Industries | Paris Tribunal supports heir's claim to looted painting | Kiss singer seeks trade mark registration for hand gesture | Tuesday Wonders | Sunday Surprises

Never Too Late 151 [week ending on Sunday 11 June] Mozart and Other Pirates | TILTing Perspectives 2017 report (1): The healthcare session | TILTing Perspectives 2017 report (2): The IP session and the Key Note | Application to amend nappy patent not so watertight - IPEC holds nappy patent invalid for added matter and lack of clarity | SugarHero and the Snow Globe Cupcakes - Copyright and Food Videos | Mr Justice Birss introduces the brand new FRAND Injunction in Unwired Planet v Huawei | French Counseil d'État invalidates decrees implementing law on out-of-commerce works | A Tight Squeeze: Matters of Comity and Justiciability | Life as an IP Lawyer: Milan | AIPPI/AIPLA Event: Copyright in a digital age - US and UK perspectives

Never Too Late 150 [week ending on Sunday 4 June] BREAKING: German court makes two (very important) copyright references to the CJEU | Implausibly incredible or just plain insufficient? | Marks misleading the public on the paternity of copyright works are fraudulent - say French Supreme Court | Should the court be indifferent to consumer indifference regarding the mark? | ‘Display At Your Own Risk’: A Tour into ‘Copyright Surrogacy’ | To UPC or not to UPC? That is the question... (Part 1) | Book Review: Patents for Technology Transfer | Event Report: Combat the Copycats

Never Too Late 149 [week ending on Sunday 28 May] IPSoc Event Report: The ever-evolving law on the "communication to the public" right | Nestlé loses yet another KitKat battle | Judge sounds alarm of weakened US patent system, while industry groups start amending Section 101 | BREAKING: Supreme Court limits US patentee's forum shopping capabilities | Shinder, Shinder, Shinder … will you ever be like Tinder? | US Supreme Court uses TC Heartland to blunt key troll tool, but will California welcome the next wave of troll litigation? | Is there copyright in the taste of a cheese? Sensory copyright finally makes its way to CJEU | Big Data, products & processes: being a German patentee in the era of the Rezeptortyrosinkinase decisions | Life as an IP Lawyer: Singapore | Appointed Person issues first appeal decision in a design case | The meaning of "red carpet" in two and three dimensions: from Ancient Greece to Cannes | Judge Alsup driving forward Uber-Waymo trade secret dispute amongst "red flag" disclosure hearings | Monday Miscellany | Friday Fantasies.

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