POSTAUTO: Acquired Distinctiveness for Non-Core Goods and Services?

Submitted by editor on Thu, 07/02/2019 - 12:49

Many city dwellers who have ventured onto the narrow and winding roads in the Swiss Alps (including this Kat) are rightly amazed by the driving skills of those holding the steering wheels of the large yellow coaches operated by a subsidiary of the Swiss Post. The PostBus (as the firm refers to itself in English) is such a fixture of Swiss culture that it receives special treatment in federal traffic regulations (you must yield to the PostBus and follow the instructions of the driver if the road is too narrow to intersect).

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You can't Buy Love ... Nor can you Prevent others from Using it in their Trade Marks

Submitted by editor on Thu, 07/02/2019 - 12:17

"Can anyone have a monopoly over love?"

This is an interesting and deep question ... and perhaps even more so in a trade mark context, as the Singapore IP Office recently discovered.

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The American Airlines has Eventually Managed to Register its Logo with the US Copyright Office

Submitted by editor on Thu, 07/02/2019 - 12:07

American Airlines first applied to register its Flight Symbol (the Work) as a copyrighted work with the US Copyright Office back in 2016. This is a two-dimensional artwork, composed of a small number of elements (one blue and red element conforming to the contours of an aircraft tail and one white and grey triangular element evoking the head of an eagle), with multiple variations in shading:

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Is it Time to Rethink the Patent Drawing Requirements?

Submitted by editor on Sun, 27/01/2019 - 11:37

The function of patent drawings is to aid understanding of an invention, but are they fit for purpose? Embodiments of a mechanical invention may be easier to explain and understand as a drawing compared to a lengthy description. The European Patent Office (EPO) considers good quality drawings as very important for the correct disclosure of an invention (Guide for applicants, Drawings). Scientific data necessary to support biotech and pharmaceutical inventions are also provided as “drawings”.

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Why was there a Need for a Trade Secrets Directive? An Italian perspective

Submitted by editor on Sun, 27/01/2019 - 11:09

As readers know, the adoption of the EU Trade Secrets Directive has required Member States to amend their own laws in order to transpose this new piece of EU legislation into their own systems. However, not all countries had to account for a major shift in trade secrets protection, Italy being an example.
Heres’s what they write:

“Since its introduction, EU Directive 2016/943 (Trade Secrets Directive) has been at the centre of several discussions in EU Member States, which had to deal with their national legislations in an effort to adapt to the new EU rules.

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What Happens to the Billions of Dollars of Counterfeits Seized Every Year?

Submitted by editor on Sun, 27/01/2019 - 10:16

This summer, the U.S. government came into possession of 22 massive shipping containers filled with counterfeit designer goods. Acting upon information gained from a 6-year-long investigation into a sophisticated and elaborate scheme that stretched from China to the U.S. and involved at least 33 different men and women, the Department of Homeland Security seized tens of thousands of Gucci, Hermès, Louis Vuitton, Chanel, and Burberry-branded products that would have been worth more than a half a billion dollars if authentic and sold at retail.

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Time to Rethink IP Laws

Submitted by editor on Thu, 24/01/2019 - 13:18

In the last two decades, governments have shown regular signs of interest in intellectual property laws. Apart from the Hargreaves Review of 2011, we have had the Gowers Review (2006), the Witty Review (2013), and the McMillan Review (2016).

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AG Szpunar Advises CJEU to Rule that Quotation Exception is not Limitless and that there is no Fair Use in the EU

Submitted by editor on Thu, 24/01/2019 - 13:00

The Opinion, which is not yet available in English, advises the CJEU to rule that, among other things:
The exception within Article 5(3)(d) of the InfoSoc Directive requires one to consider the purpose of the quotation at issue, and
Fundamental rights like freedom of expression do not allow EU Member States to go beyond the catalogue of exceptions in Article 5 therein to envisage new exceptions or even introduce a general fair use clause.

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The Fortnite Lawsuits: Why Performers Stand a Fighting Chance to Beat the Game

Submitted by editor on Thu, 24/01/2019 - 11:31

Last month, the company Epic Games was sued by three celebrities for reproducing in their video game what the claimants argue to be their dance moves. Since then, the question of copyright in dance has been the subject of much attention. Whilst most experts have cast their doubts on the success of the Fortnite cases.

A little bit of context about Fortnite

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CJEU Rules that Warehouse Storage of Counterfeits Due for Sale Falls within Scope of Distribution Right

Submitted by editor on Wed, 16/01/2019 - 12:00

Syed, C-572/17 Advocate General (AG) Campos Sánchez-Bordona had advised the Court of Justice of the European Union (CJEU) to rule that the warehouse storage of copyright-infringing items due to be issued to the public is to be considered as an act falling within the scope of the right of distribution within Article 4 of the InfoSoc Directive.

Personally I thought and wrote that, in light of existing CJEU case law on the right of distribution - notably the decision in Dimensione Direct Sales [Katposts here] -, the AG Opinion was not at all surprising.

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