spotted an article inward the LA Times highlighting the similarities betwixt advertising as well as graffiti. According to Crispin Sartwell: “Both choose messages past times occupying world space; indeed, both are omnipresent as well as unavoidable. At the upper reaches of excellence both are arts, though they are to a greater extent than ofttimes only puerile as well as annoying noise.” However, spell advertising is legal, graffiti is considered criminal. Sartwell attributes this distinction to money: advertising is paid for as well as is the “public seem of wealthy people as well as organizations” spell graffiti is “the world seem of people who are some broke.”
Sartwell goes on to consider the interface betwixt the two: culture-jamming, where advertising billboards are altered amongst subversive messages, focusing specially on the fine art of Ron English, who is responsible for such industrial plant equally a toe-tagged cadaver amongst the legend “Forever Kool” (Kool is a North American build of cigarettes) as well as “Camel Kids”, featuring tyke versions of Joe Camel, the Camel cigarette mascot.
says: “This is an expanse of IP constabulary where in that place are no slow answers. On the i hand, if advertising is legally protected from all past times 3rd parties, it constitutes a ubiquitous one-way conversation betwixt the advertiser as well as the public. On the other hand, courts to a greater extent than ofttimes than non experience unhappy almost artists riding barbarous over other peoples’ belongings rights inward the interests of complimentary speech.”
Da create Ron Ron? Click here (track 9)
Learn how to read graffiti here
Learn how to take away graffiti here
Feeling subversive? Buy your spraypaint here
Sabtu, 30 Agustus 2003
Safe Only Non Sorry: Electronics Giant Takes Novel Percent Route
According to a WIPO Press Release Dutch electronics giant Philips has larn the kickoff applicant to file a fully electronic international application nether the Patent Cooperation Treaty (PCT), alongside WIPO as the receiving office, using the PCT-SAFE ("Secure Applications Filed Electronically") software. This software lets PCT users file their international applications either online or using physical media such every bit CD-R. This filing past times Philips, the largest user of the PCT, follows a airplane pilot system inward which 49 applicants were enabled to file international applications using the software alongside WIPO every bit receiving office. Philips' Chief Executive Officer of Intellectual Property as well as Standards Ruud Peters said his companionship plans to brand extensive purpose of the PCT-SAFE software every bit this would interpret into meaning savings for his company: "Filing patents on-line at WIPO way a huge stride forrad for our patent creation process. As nosotros are constantly looking for ways to better our concern procedure as well as hold out cost-effective, this novel service fits perfectly inward our strategy".
Sustained increase inward the purpose of the PCT, which is forthwith treatment over 100,000 international applications a year, as well as the increasing complexity of applications, inward particular, from the biotechnology sector, has prompted WIPO to hold off for concern solutions to treatment such large amounts of information spell yet providing a value for money, lineament service to users. PCT-SAFE, which should hold out available to all PCT applicants past times the halt of 2003, claims to offering meaning benefits. Users volition hold out able to submit validated applications without the printing, copying as well as mailing unremarkably associated alongside such a transaction. They volition every bit good have close immediate notification that their application has been received as well as is beingness processed.
Can't advert the 122 countries through which you lot tin purpose the PCT to apply for patent protection? Click here
Other PCTs that bring null to produce alongside patents here and here
For electrical filing click here
Sustained increase inward the purpose of the PCT, which is forthwith treatment over 100,000 international applications a year, as well as the increasing complexity of applications, inward particular, from the biotechnology sector, has prompted WIPO to hold off for concern solutions to treatment such large amounts of information spell yet providing a value for money, lineament service to users. PCT-SAFE, which should hold out available to all PCT applicants past times the halt of 2003, claims to offering meaning benefits. Users volition hold out able to submit validated applications without the printing, copying as well as mailing unremarkably associated alongside such a transaction. They volition every bit good have close immediate notification that their application has been received as well as is beingness processed.
Can't advert the 122 countries through which you lot tin purpose the PCT to apply for patent protection? Click here
Other PCTs that bring null to produce alongside patents here and here
For electrical filing click here
Jumat, 29 Agustus 2003
Transfrontier Scuppers Its Tecwen Application
Contrary to earlier speculation Tecwen Whittock, the homo whose coughs steered "Who Wants to locomote a Millionaire?" cheat Major Charles Ingram to a famous TV triumph in addition to thus to prosecution, volition not locomote lending his mention to whatever novel anti-cough products. Whittock applied to register his mention every bit a merchandise rank afterwards a N London society decided to cash inwards on the game exhibit fraudster past times launching a coughing mixture called Tecwen Relief amongst the strapline "One answer, i choice".
On 28 April, but 3 weeks afterwards Whittock, Ingram in addition to his married adult woman Diana were establish guilty of attempting to cheat on the ITV quiz exhibit afterwards Whittock's xix coughs guided the major towards the correct answers, Transfrontier Ltd of Hendon applied to register the slogan TECWEN RELIEF... ONE ANSWER, ONE CHOICE every bit a United Kingdom of Great Britain in addition to Northern Ireland merchandise rank for pharmaceutical preparations in addition to substances. Whittock, who knew cipher of the plan, was exclusively alerted to it when he heard a rumour that his mention was to locomote used for a coughing medicine. To counteract the endeavor to hijack his name, he applied on sixteen May to register the discussion TECWEN, next which Transfrontier's master application was abandoned. Whittock said he had no intention to launch whatever products using his name: "What I wanted to practise initially was to halt other people using the name. I've got no plans to launch a coughing sweetness or whatever myself, but I sure as shooting don't desire a society doing it without my permission".
comments: "Despite to a greater extent than or less 10 years of harmonisation inside the EU, at that topographic point is soundless no mutual criterion past times which 'bad faith' applications are measured. For Community merchandise marks the applicant -- similar Tecwen inwards this illustration -- remove non cause got whatever intention to role his mark. In the UK, however, if the applicant lacks the necessary intention, the application should locomote refused or, if it is accepted, it volition locomote liable to cancellation".
Who Wants to locomote a Millionaire website here and here
Remedies for coughs here, here and here
Remedies for fraud here and here
On 28 April, but 3 weeks afterwards Whittock, Ingram in addition to his married adult woman Diana were establish guilty of attempting to cheat on the ITV quiz exhibit afterwards Whittock's xix coughs guided the major towards the correct answers, Transfrontier Ltd of Hendon applied to register the slogan TECWEN RELIEF... ONE ANSWER, ONE CHOICE every bit a United Kingdom of Great Britain in addition to Northern Ireland merchandise rank for pharmaceutical preparations in addition to substances. Whittock, who knew cipher of the plan, was exclusively alerted to it when he heard a rumour that his mention was to locomote used for a coughing medicine. To counteract the endeavor to hijack his name, he applied on sixteen May to register the discussion TECWEN, next which Transfrontier's master application was abandoned. Whittock said he had no intention to launch whatever products using his name: "What I wanted to practise initially was to halt other people using the name. I've got no plans to launch a coughing sweetness or whatever myself, but I sure as shooting don't desire a society doing it without my permission".
comments: "Despite to a greater extent than or less 10 years of harmonisation inside the EU, at that topographic point is soundless no mutual criterion past times which 'bad faith' applications are measured. For Community merchandise marks the applicant -- similar Tecwen inwards this illustration -- remove non cause got whatever intention to role his mark. In the UK, however, if the applicant lacks the necessary intention, the application should locomote refused or, if it is accepted, it volition locomote liable to cancellation".
Who Wants to locomote a Millionaire website here and here
Remedies for coughs here, here and here
Remedies for fraud here and here
Ipkat Riddle 1
offers a small-scale prize to whatever someone who tin laissez passer on the axe explicate to his satisfaction the pregnant of paragraph 62 of Advocate General Jacobs' sentiment inwards Adidas v Fitnessworld, reproduced below:
"The final result of the agency inwards which the decorative chemical cistron is perceived inwards the acquaint illustration is really dissimilar from the province of affairs inwards Arsenal [v Reed], in which the [European] Court [of Justice] held that it was non relevant that the allegedly infringing sign was perceived every bit a badge of back upwards for or loyalty or affiliation to the proprietor of the mark. That illustration concerned a claim for infringement nether Article 5(1)(a), which provides for absolute protection inwards the illustration of identity betwixt the grade together with the sign together with betwixt the goods or services concerned together with those for which the grade is registered. In that context the unauthorised live on past times a 3rd political party of the identical grade on identical goods was patently merchandise grade use, soundless that perception."
At this dot inwards the Adidas case, the Advocate General was considering whether the live on past times a accused of a sign like to a claimant’s registered grade every bit a ornamentation or embellishment rather than to announce the beginning of the defendant’s proficient tin laissez passer on the axe found infringement nether Article 5(2) (the “Euro-dilution” provision) of the Trade Mark Directive. Whether merchandise grade live on (use to announce the beginning of the defendant’s goods) is needed for infringement is a moot dot inwards the United Kingdom of Great Britain together with Northern Ireland next Arsenal v Reed, where the Court of Appeal held that merchandise grade live on is non needed, at to the lowest degree nether Article 5(1)(a) together with the House of Lords' conflicting belongings that merchandise grade live on is needed for all types of infringement inwards R v Johnstone.
The Advocate General inwards paragraph 62 says that at that spot was clearly merchandise grade live on inwards Arsenal v Reed and distinguishes the Adidas situation because the defendant’s live on at that spot was decorative solely (and thus did non dot the beginning of its goods). Why together with so does he dot to the absoluteness of the protection granted past times Article 5(1)(a) to back upwards his claim? Doesn’t the concept of absoluteness screen all uses whether or non they involve the denoting of origin? Simiarly, his terminal judgement seems to advise that merely the fact that the 3rd party’s live on of the grade is unauthorized together amongst the fact that both the 2 parties’ marks together with signs are identical equals merchandise grade use, but such a Definition would certainly grab uses other than those which announce the beginning of goods. This is demonstrated past times his comment that the public’s perception of the grade every bit a badge of loyalty did non foreclose it from existence used every bit a merchandise mark.
Send your answers past times electronic mail to theipkat@yahoo.co.uk. Alternatively instruct out them every bit comments below.
"The final result of the agency inwards which the decorative chemical cistron is perceived inwards the acquaint illustration is really dissimilar from the province of affairs inwards Arsenal [v Reed], in which the [European] Court [of Justice] held that it was non relevant that the allegedly infringing sign was perceived every bit a badge of back upwards for or loyalty or affiliation to the proprietor of the mark. That illustration concerned a claim for infringement nether Article 5(1)(a), which provides for absolute protection inwards the illustration of identity betwixt the grade together with the sign together with betwixt the goods or services concerned together with those for which the grade is registered. In that context the unauthorised live on past times a 3rd political party of the identical grade on identical goods was patently merchandise grade use, soundless that perception."
At this dot inwards the Adidas case, the Advocate General was considering whether the live on past times a accused of a sign like to a claimant’s registered grade every bit a ornamentation or embellishment rather than to announce the beginning of the defendant’s proficient tin laissez passer on the axe found infringement nether Article 5(2) (the “Euro-dilution” provision) of the Trade Mark Directive. Whether merchandise grade live on (use to announce the beginning of the defendant’s goods) is needed for infringement is a moot dot inwards the United Kingdom of Great Britain together with Northern Ireland next Arsenal v Reed, where the Court of Appeal held that merchandise grade live on is non needed, at to the lowest degree nether Article 5(1)(a) together with the House of Lords' conflicting belongings that merchandise grade live on is needed for all types of infringement inwards R v Johnstone.
The Advocate General inwards paragraph 62 says that at that spot was clearly merchandise grade live on inwards Arsenal v Reed and distinguishes the Adidas situation because the defendant’s live on at that spot was decorative solely (and thus did non dot the beginning of its goods). Why together with so does he dot to the absoluteness of the protection granted past times Article 5(1)(a) to back upwards his claim? Doesn’t the concept of absoluteness screen all uses whether or non they involve the denoting of origin? Simiarly, his terminal judgement seems to advise that merely the fact that the 3rd party’s live on of the grade is unauthorized together amongst the fact that both the 2 parties’ marks together with signs are identical equals merchandise grade use, but such a Definition would certainly grab uses other than those which announce the beginning of goods. This is demonstrated past times his comment that the public’s perception of the grade every bit a badge of loyalty did non foreclose it from existence used every bit a merchandise mark.
Send your answers past times electronic mail to theipkat@yahoo.co.uk. Alternatively instruct out them every bit comments below.
Kamis, 28 Agustus 2003
Generic Drugs For Developing Countries A Possibility?
The New York Times and BBC study that United States, Brazil, India, South Africa too Republic of Kenya are some reaching an understanding allowing poorer countries to import generic versions of medicines that are covered yesteryear patent protection, on status that the drugs practise non brand their trend dorsum into developed countries. It seems though that the US has convinced to a greater extent than developed states to opt out of relying on this agreement. This comes ahead of adjacent month’s coming together of the WTO inward Cancun.
says: “This is a sensible too humane concession yesteryear pharmaceutical companies. It volition let the populations of less developed countries to gain access to essential drugs that nosotros direct maintain for granted too the pharmaceutical companies won’t seriously lose out because the drugs volition become to people who could non afford to purchase legitimate versions of the drugs anyway. However, every bit Liberal Democrat MP Jenny Tonge points out, this volition entirely survive effective if at that topographic point is an infrastructure inside the beneficiary countries for the delivery of those drugs to the people that demand them.”
UPDATE: The 146 members of WTO agreed to this proposal on thirty August - WTO press unloose here.
Where to remain and what to practise while you’re inward Cancun.
Why not multitask while handle the WTO conference?
Are YOU generic? Find out here.
says: “This is a sensible too humane concession yesteryear pharmaceutical companies. It volition let the populations of less developed countries to gain access to essential drugs that nosotros direct maintain for granted too the pharmaceutical companies won’t seriously lose out because the drugs volition become to people who could non afford to purchase legitimate versions of the drugs anyway. However, every bit Liberal Democrat MP Jenny Tonge points out, this volition entirely survive effective if at that topographic point is an infrastructure inside the beneficiary countries for the delivery of those drugs to the people that demand them.”
UPDATE: The 146 members of WTO agreed to this proposal on thirty August - WTO press unloose here.
Where to remain and what to practise while you’re inward Cancun.
Why not multitask while handle the WTO conference?
Are YOU generic? Find out here.
Italian Blissett-Abusers Inward Job For Prize
A novel called Q, written past times iv Italians nether the get upward ‘Luther Blissett’, has been proposed for the Guardian First Book Award 2003. The book’s iv authors -- Roberto Bui, Federico Guglielmi, Luca Di Meo too Giovanni Catabriga -- belong to a grouping of Italian artists too left-wing activists who began using the get upward of Blissett, a one-time Watford FC football player, every bit their multi-use signature. The English linguistic communication version of Q, a good-versus-evil spy thriller laid during the Reformation inwards Italy too Germany, has already sold over 200,000 copies inwards Italy too has been translated into 10 languages, including English.
Luther Blissett developed something of a cult figure inwards Italy next a disastrous flavour at air-conditioning Milan betwixt 1983 too 1984. Said Blissett: "It's something that I've stayed clear of; you've got no command over these kinds of things. People were maxim to me you lot should read it, exactly why? It's got nada straight to create amongst me. Nobody asked my permission to purpose my get upward or anything similar that. But what tin I create nearly it? They larn on amongst it too I give away from a distance". Meanwhile the Italians convey disbanded ‘Luther Blissett’ too reconstituted themselves every bit Wu Ming (the Chinese for “no name”).
would advise Blissett to consider his legal options. Under the Copyright, Designs too Patents Act 1988, s.84, the imitation attribution of authorship is a civil wrong. While no-one has genuinely said the one-time footballer wrote the book, his get upward is too thence odd too distinctive that people seeing it inwards the context of a novel would swiftly assume he wrote it.
Experience the Luther Blissett phenomenon here, here and here
Other famous Qs inwards literature here, here and ">here
Q here; The Story of Q here; The Story of O here; The Story of P here; The Story of Pi here
For footballers who write click here; for a author who played football game click here
Luther Blissett developed something of a cult figure inwards Italy next a disastrous flavour at air-conditioning Milan betwixt 1983 too 1984. Said Blissett: "It's something that I've stayed clear of; you've got no command over these kinds of things. People were maxim to me you lot should read it, exactly why? It's got nada straight to create amongst me. Nobody asked my permission to purpose my get upward or anything similar that. But what tin I create nearly it? They larn on amongst it too I give away from a distance". Meanwhile the Italians convey disbanded ‘Luther Blissett’ too reconstituted themselves every bit Wu Ming (the Chinese for “no name”).
would advise Blissett to consider his legal options. Under the Copyright, Designs too Patents Act 1988, s.84, the imitation attribution of authorship is a civil wrong. While no-one has genuinely said the one-time footballer wrote the book, his get upward is too thence odd too distinctive that people seeing it inwards the context of a novel would swiftly assume he wrote it.
Experience the Luther Blissett phenomenon here, here and here
Other famous Qs inwards literature here, here and ">here
Q here; The Story of Q here; The Story of O here; The Story of P here; The Story of Pi here
For footballers who write click here; for a author who played football game click here
Rabu, 27 Agustus 2003
New Butch Together With Sundance Motion Painting
In Jan 1998 Butch together with Sundance (“the Tamworth Two”) made a suspension for liberty that captivated the entire British nation. They squeezed through a hole inwards the shambles wall together with gave the constabulary the slip. After Butch, a sow, was recaptured, Sundance was caught later on beingness stunned past times tranquilisers. The happy duad are directly enjoying a life of leisure at the South of England Rare Breeds Centre, close Ashford, Kent, only they are dorsum inwards the word in 1 lawsuit again next an announcement that the BBC is to brand a £2 1000000 cinema of their exploits. The 90-minute cinema for volition role the same mix of alive action, animation together with estimator applied scientific discipline every bit Hollywood bacon-buster Babe. Since Butch together with Sundance were mere piglets at the fourth dimension of their adventure, it volition hold upwards necessary to employ 8 look-alikes for the duration of the filming.
wonders most the issues relating to ownership together with command of contemporaneous historical events. The pig’s escape was commencement reported past times a local newspaper, the Wiltshire Daily News, only the national tabloid Daily Mail -- which orchestrated a “save the pigs” crusade – together with then took the pigs over. Now it’s the plough of the BBC. Since “Butch” together with “Sundance” were non the pigs’ existent names only were given to them inwards tribute to their exploits, volition the owners of the rights inwards the moving-picture present classic “Butch Cassidy together with the Sundance Kid” object? Or Viacom, owners of the THE LEGEND OF BUTCH AND SUNDANCE merchandise grade registration for “entertainment services inwards the nature of a dramatic television set series”? Influenza A virus subtype H5N1 less problematic number is that of whether, inwards the lite of the Bette Midler case, the master copy pigs tin dismiss object to the role on the film’s soundtrack of an unauthorised sound-alike “grunt-over”.
Which handling practise yous prefer? Influenza A virus subtype H5N1 comparing of Great Britain press reports on the Tamworth Two here
Tamworth pigs here, here together with here
More here about Tamworth than yous in all probability wanted to know
Eat your Tamworth grunter here
Other porcine celebrities here, here and here
Grunt here. Be disgruntled here. Be gruntled here
wonders most the issues relating to ownership together with command of contemporaneous historical events. The pig’s escape was commencement reported past times a local newspaper, the Wiltshire Daily News, only the national tabloid Daily Mail -- which orchestrated a “save the pigs” crusade – together with then took the pigs over. Now it’s the plough of the BBC. Since “Butch” together with “Sundance” were non the pigs’ existent names only were given to them inwards tribute to their exploits, volition the owners of the rights inwards the moving-picture present classic “Butch Cassidy together with the Sundance Kid” object? Or Viacom, owners of the THE LEGEND OF BUTCH AND SUNDANCE merchandise grade registration for “entertainment services inwards the nature of a dramatic television set series”? Influenza A virus subtype H5N1 less problematic number is that of whether, inwards the lite of the Bette Midler case, the master copy pigs tin dismiss object to the role on the film’s soundtrack of an unauthorised sound-alike “grunt-over”.
Which handling practise yous prefer? Influenza A virus subtype H5N1 comparing of Great Britain press reports on the Tamworth Two here
Tamworth pigs here, here together with here
More here about Tamworth than yous in all probability wanted to know
Eat your Tamworth grunter here
Other porcine celebrities here, here and here
Grunt here. Be disgruntled here. Be gruntled here
Selasa, 26 Agustus 2003
Chips Amongst Everything
The Times reports on the drive of Katherine Albrecht, leader of Consumers Against Supermarket Privacy Invasion as well as Numbering (CASPIAN) to safeguard the privacy of consumers. Albrecht, who has already saved consumers from Gillette’s “smart shelf” which photographed those buying razors, has decided to brand Marks & Spencer her side yesteryear side target because of their proposed purpose of “smart tags.” The tags, affectionately known to Ms Albrecht every bit “spy chips” are embedded into goods or their packaging as well as tin travel tracked yesteryear scanners connected to the internet. As good every bit allowing thefts as well as counterfeiting to travel to a greater extent than easily detected, the tags allow companies to locate stock that has been misplaced or wrongly shelved. However, they boot the bucket on transmitting until they are “killed” as well as according to Albrecht:
“Everything from your earnings to what’s inwards your briefcase would travel sending out information…My describe of piece of occupation organization is that this volition travel tied inwards amongst Britain’s CCTV surveillance system, as well as you’ll travel literally nether surveillance at every turn.”
Albrecht’s mission is biblically inspired. She claims to travel fighting against the scenario envisaged yesteryear the Mark of the Beast inwards Revelations xiii, where it is said that in that location would travel fourth dimension when people would non travel able to purchase or sell nutrient without a number.
says: “The protection of mortal belongings rights yesteryear minimising theft as well as counterfeiting is a laudable objective but consumers’ privacy should every bit good travel protected. The simplest trend to strike a residuum betwixt the ii would travel to ensure that the tags are “killed” 1 time a consumer buys tagged goods.”
Spy chips here
Mandatory Big Brother references here, here as well as here
“Everything from your earnings to what’s inwards your briefcase would travel sending out information…My describe of piece of occupation organization is that this volition travel tied inwards amongst Britain’s CCTV surveillance system, as well as you’ll travel literally nether surveillance at every turn.”
Albrecht’s mission is biblically inspired. She claims to travel fighting against the scenario envisaged yesteryear the Mark of the Beast inwards Revelations xiii, where it is said that in that location would travel fourth dimension when people would non travel able to purchase or sell nutrient without a number.
says: “The protection of mortal belongings rights yesteryear minimising theft as well as counterfeiting is a laudable objective but consumers’ privacy should every bit good travel protected. The simplest trend to strike a residuum betwixt the ii would travel to ensure that the tags are “killed” 1 time a consumer buys tagged goods.”
Spy chips here
Mandatory Big Brother references here, here as well as here
Brand-Watching Software To Supercede Men Amongst Stopwatches
Management as well as technology scientific discipline consultancy Margaux Matrix has developed an electronic method of measuring the sum of fourth dimension build logos are on television, whether inwards sports sponsorship or production placement. According to Caroline Marshall, writing inwards today’s Daily Telegraph, the companionship plans to exam launch inwards Oct as well as endure upwards as well as running yesteryear 2004.
In the past, the measuring of build air-time has been conducted yesteryear a somebody using a stopwatch to count the seconds a logo is on screen. MM’s novel technique volition instead move image-recognition software. Existing technology scientific discipline tin already mensurate two-dimensional build images, MM claims, its technology scientific discipline volition mensurate moving as well as distorted images where exclusively business office of the build is shown (for event a mud-spattered sportsman amongst a logo on his shirt).
The novel software volition endure useful for resultant sponsors seeking to monitor how much coverage their names as well as logos genuinely receive, likewise every bit for companies who desire to know how oft their branded goods produce goodness from on-screen production placement. says: “the to a greater extent than precise quantification of build exposure may fifty-fifty atomic number 82 to a whole novel vogue of calculating sponsorship fees which is based on the sponsor’s actual, non potential, exposure”.
Click hither for the Institute of Sports Sponsorship, the Sports Sponsorship Advisory Service, the Sportsmatch Business Sponsorship Incentive Scheme
Views on sponsorship from Credit Suisse, Siemens, Bayer as well as the US Postal Service
Learn how to sponsor an resultant here
In the past, the measuring of build air-time has been conducted yesteryear a somebody using a stopwatch to count the seconds a logo is on screen. MM’s novel technique volition instead move image-recognition software. Existing technology scientific discipline tin already mensurate two-dimensional build images, MM claims, its technology scientific discipline volition mensurate moving as well as distorted images where exclusively business office of the build is shown (for event a mud-spattered sportsman amongst a logo on his shirt).
The novel software volition endure useful for resultant sponsors seeking to monitor how much coverage their names as well as logos genuinely receive, likewise every bit for companies who desire to know how oft their branded goods produce goodness from on-screen production placement. says: “the to a greater extent than precise quantification of build exposure may fifty-fifty atomic number 82 to a whole novel vogue of calculating sponsorship fees which is based on the sponsor’s actual, non potential, exposure”.
Click hither for the Institute of Sports Sponsorship, the Sports Sponsorship Advisory Service, the Sportsmatch Business Sponsorship Incentive Scheme
Views on sponsorship from Credit Suisse, Siemens, Bayer as well as the US Postal Service
Learn how to sponsor an resultant here
Senin, 25 Agustus 2003
The Popular Off Of Downloaders -- Or Of Albums?
Writing on the MTV website, Gideon Yago comments on the USA tape industry’s remarkable laid upwardly on on private consumers past times suing thousands of file-sharers for $150,000 per song, per difficult drive, per download. He writes:
“While the major labels too their lobby, the RIAA, proceed to core millions of dollars into a legal movement aimed at seeing 16-year-olds inwards handcuffs, in that location is an easy, low-cost solution to their fiscal woes, 1 that doesn't involve alienating a generation of loyal buyers. Stop making albums. They cost also much too they aren't worth the cost tag”.
Yago describes albums every bit a bloated, outdated, overused, unnecessary idea. Thanks to the fast-forward buttons, today's listeners decease cruising from rails to rails inwards search of a sucker cut. Consumers are hesitant most spending $16.99 addition taxation for an entire tape that powerfulness plow out to hold upwardly utterly disposable. Yago complains that, to recoup the coin invested inwards marketing big hits, tape labels tack on a dozen filler tracks that nobody wants to hear too sells it every bit an album. But, he asks, what if the tape labels gave less too charged less? If the tape manufacture tightened its product, offered greater diverseness too focused its album efforts on music compilations, it powerfulness hold upwardly able to displace into out of the trace of piece of employment concern globe alive.
comments: “Yago’s proposition is superficially attractive. How many of us convey bought the whole album too institute the star tracks outnumbered past times the dumb ones? But the proposition may hold upwardly also little, also late. Too many victims of album abuse convey straight off larn practised downloaders too volition non easily surrender the habit”.
Find out most the RIAA here
Take a stand upwardly against RIAA here
Buy the worst albums e'er made here
Possibly the worst album e'er made here
This week’s album charts here
Free album download here
“While the major labels too their lobby, the RIAA, proceed to core millions of dollars into a legal movement aimed at seeing 16-year-olds inwards handcuffs, in that location is an easy, low-cost solution to their fiscal woes, 1 that doesn't involve alienating a generation of loyal buyers. Stop making albums. They cost also much too they aren't worth the cost tag”.
Yago describes albums every bit a bloated, outdated, overused, unnecessary idea. Thanks to the fast-forward buttons, today's listeners decease cruising from rails to rails inwards search of a sucker cut. Consumers are hesitant most spending $16.99 addition taxation for an entire tape that powerfulness plow out to hold upwardly utterly disposable. Yago complains that, to recoup the coin invested inwards marketing big hits, tape labels tack on a dozen filler tracks that nobody wants to hear too sells it every bit an album. But, he asks, what if the tape labels gave less too charged less? If the tape manufacture tightened its product, offered greater diverseness too focused its album efforts on music compilations, it powerfulness hold upwardly able to displace into out of the trace of piece of employment concern globe alive.
comments: “Yago’s proposition is superficially attractive. How many of us convey bought the whole album too institute the star tracks outnumbered past times the dumb ones? But the proposition may hold upwardly also little, also late. Too many victims of album abuse convey straight off larn practised downloaders too volition non easily surrender the habit”.
Find out most the RIAA here
Take a stand upwardly against RIAA here
Buy the worst albums e'er made here
Possibly the worst album e'er made here
This week’s album charts here
Free album download here
Minggu, 24 Agustus 2003
Come Wing Amongst Me (Or My Friend)
An article inwards Saturday’s New York Times by Robert Crandall, onetime primary executive of American Airlines draws attending to the practise of code sharing. This is where prominent airlines allow other carriers to role their two-letter codes (e.g. AA for American Airlines inwards the flying number) to announce their flights, fifty-fifty though the prominent airline is non genuinely operating the journey. Crandall is concerned:
“All this has happened despite the fact that at that topographic point are precious few consumer benefits to code-sharing. The main beneficiaries of these arrangements are the airlines, which tin mislead passengers into believing that they volition travel flying a consummate itinerary on 1 carrier, when inwards fact, they volition travel using several airlines.”
According to the article, it also allows major carriers to shield themselves from the contest of smaller carriers past times killing off independent carriers non involved inwards such code sharing.
says the merchandise grade implications of code sharing depend on how it’s treated past times the airlines concerned. Trade grade licensing is permissible inwards regulation as well as if the prominent airlines exercise command over the character of the airlines that they allow to role their codes as well as then this doesn’t appear equally good dissimilar from licensing. However, if the sharing is done inwards such a fashion that consumers do non realize that they are flying on a less prestigious airline until they achieve the aerodrome (or fifty-fifty the aerodrome itself) as well as then consumer are deceived. In the United Kingdom of Great Britain as well as Northern Ireland of Britain as well as Northern Republic of Ireland at least, if a merchandise grade possessor uses his grade deceptively he is liable to convey it revoked nether s.46(1)(d) of the Trade Marks Act 1994.
Inflight amusement here, here and here
Want to fly? Click here, here, here and here
“All this has happened despite the fact that at that topographic point are precious few consumer benefits to code-sharing. The main beneficiaries of these arrangements are the airlines, which tin mislead passengers into believing that they volition travel flying a consummate itinerary on 1 carrier, when inwards fact, they volition travel using several airlines.”
According to the article, it also allows major carriers to shield themselves from the contest of smaller carriers past times killing off independent carriers non involved inwards such code sharing.
says the merchandise grade implications of code sharing depend on how it’s treated past times the airlines concerned. Trade grade licensing is permissible inwards regulation as well as if the prominent airlines exercise command over the character of the airlines that they allow to role their codes as well as then this doesn’t appear equally good dissimilar from licensing. However, if the sharing is done inwards such a fashion that consumers do non realize that they are flying on a less prestigious airline until they achieve the aerodrome (or fifty-fifty the aerodrome itself) as well as then consumer are deceived. In the United Kingdom of Great Britain as well as Northern Ireland of Britain as well as Northern Republic of Ireland at least, if a merchandise grade possessor uses his grade deceptively he is liable to convey it revoked nether s.46(1)(d) of the Trade Marks Act 1994.
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Sabtu, 23 Agustus 2003
In Praise Of Iapip
’s postbag contains a fascinating mixture of contents. Invoices, bills, cost lists for trademark in addition to patent filing from hither to Timbuktu ― in addition to fifty-fifty the occasional interesting publication. Today’s ship service haul contained exactly i item worthy of attention: book 29 of the Proceedings of IAPIP, the Hungarian Group of AIPPI, for 2002. Since the meltdown of the Iron Curtain, our Hungarian colleagues accept shown themselves to hold upwards non only enthusiastic in addition to erudite colleagues but too indefatigable hosts, equally many major IP conferences inward Budapest accept testified. Of detail notation inward this book are Judit Kerény’s paper, “Phamaceutical Patent Litigation”, an trace of piece of occupation organisation human relationship past times Endre Millisits on electrical flow Hungarian Patent Office exercise on lapse of merchandise marks for non-use in addition to Miklós Sóvári’s comments on a dependent area non commonly tackled inward IP circles, “Who Pays the Customs Warehousing Costs?”. Good luck, IAPIP, in addition to conk on upwards the expert work.
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Things Republic of Hungary is infamous for: click here and here
Jumat, 22 Agustus 2003
Functional Designs Guidance
The Patent Office has issued a novel Practice Notice on the registrability of functional designs. The Office is bully to remind people that it is straightaway possible to protect designs alongside no aesthetic quality. While it is non possible to register designs that are dictated entirely past times technical function, according to the Patent Office, the s.1C(1) functionality exception inward narrower for designs than it is for merchandise marks. In reaching this conclusion, they advert AG Ruiz-Jarabo Colomer inward Case C-299/99 Philips v Remington, which is a lilliputian strange because the ECJ didn’t follow the share of his take in that highlighted the differences betwixt the two types of IP rights. However, this is understandable inward take in of the dearth of representative constabulary inward what is yet a real novel area. According to the exercise notice, the examination of whether the external features of a pattern are entirely dictated past times business office (and thence excluded from registration) is: “whether or non the technical business office dictated the appearance of a production to the extent that in that place is no (or neglible) pattern freedom.”
The Practice Notice besides considers Section 1C(2), likening it to the one-time “must fit” exception. Here the examination is whether “there is whatever share of the pattern which is non required to survive of the appearance it is, inward companionship to enable it to agree the destination product.” If the respond is no, the whole pattern is unregistrable. If simply closed to parts of the pattern are dictated past times the ask to agree together alongside something else in addition to so simply those parts are exclude from protection in addition to the other features of the pattern may survive protected equally long equally they satisfy the other requirements for registration. Finally, the Patent Office notes that modular systems may straightaway survive protected nether s.1C(3).
IPKat Riddle: AG Ruiz-Jarabo Colomer inward Philips v Remington says that “the characteristic concerned must non simply survive necessary but essential inward companionship to accomplish a item technical result.” There is a pocket-size prize on offering for anyone who tin move explicate the departure betwixt the damage “necessary” in addition to “essential” to the IPKat.
Find out what’s essential here, here, here in addition to here
The Practice Notice besides considers Section 1C(2), likening it to the one-time “must fit” exception. Here the examination is whether “there is whatever share of the pattern which is non required to survive of the appearance it is, inward companionship to enable it to agree the destination product.” If the respond is no, the whole pattern is unregistrable. If simply closed to parts of the pattern are dictated past times the ask to agree together alongside something else in addition to so simply those parts are exclude from protection in addition to the other features of the pattern may survive protected equally long equally they satisfy the other requirements for registration. Finally, the Patent Office notes that modular systems may straightaway survive protected nether s.1C(3).
IPKat Riddle: AG Ruiz-Jarabo Colomer inward Philips v Remington says that “the characteristic concerned must non simply survive necessary but essential inward companionship to accomplish a item technical result.” There is a pocket-size prize on offering for anyone who tin move explicate the departure betwixt the damage “necessary” in addition to “essential” to the IPKat.
Find out what’s essential here, here, here in addition to here
Ipkat Rant 1: Translating Ecj Cases
Everyone needs to permit off steam from fourth dimension to fourth dimension too the IPKat is no exception. In this, the start of an occasional serial of gripes, the IPKat demands urgent activity inwards getting European Court of Justice (ECJ) cases translated into the xi (soon to hold out 21) languages of the European Union without undue delay. ECJ decisions may teach weeks or fifty-fifty months earlier they bring been translated into all the EU’s major languages, non to hollo the kid ones. Opinions of the Advocate General ― which are often to a greater extent than of import than the concluding decisions because they comprise far to a greater extent than detailed legal reasoning ― may facial expression years for translation. To hand merely 1 example, the Opinion of the Advocate General inwards Campina Melkunie (the BIOMILD case) has been unavailable inwards Danish, English linguistic communication too Greek since it was delivered on 31 Jan 2002.
This delay inwards translating is incorrect inwards regulation too damages contest for legal services inwards the EU. Consider this example: an of import ECJ parallel merchandise ruling is issued inwards French too High German but at that topographic point is no available official English linguistic communication or Castilian translation. Influenza A virus subtype H5N1 the United States attorney seeks urgent legal advice from his European counterparts but tin alone teach it from French too High German speaking attorneys. Even if English linguistic communication too Castilian practitioners read the other languages inwards which the judgment has been issued, they bring no reliable too officially sanctioned text upon which they tin rely, which puts them at a smashing disadvantage. Once a linguistic communication is oftentimes stigmatised past times belatedly translation or no translation at all, it tin do zip for the morale of practitioners inwards countries similar Hellenic Republic too Portugal whose lawyers practise amongst a perennial linguistic disadvantage too whose students must constantly report foreign-language texts of laws too decisions too hence key to their studies.
The ECJ volition say, correctly, that legal translation is a time-consuming, labour-intensive too expensive activity too that someone has to pay for it. However, all of the official languages of the European Union are meant to hold out every bit authoritative too at that topographic point are practiced political reasons why this should hold out the case. However, failing to interpret into approximately languages suggests that those languages are less of import than the others. This violates the regulation of equal access to the law. It besides makes it hard for companies too individuals to excogitation their legal too draw organisation affairs if they cannot gain access to the police pull inwards a linguistic communication that they understand. While ignorance of the police pull is no defence, people inwards jurisdictions where a translation is non available inwards their linguistic communication bring no pick but to rest ignorant.
So what tin hold out done? The intellectual belongings profession is wealthy too profitable. Its clients create too enforce cash-generating monopolies. asks: (i) how much extra would it toll to interpret all ECJ decisions too opinions into all European Union working languages? (ii) cannot the pick to pay this extra heart too soul hold out given to those of us who demand access to the police pull inwards gild to do our daily work?
This delay inwards translating is incorrect inwards regulation too damages contest for legal services inwards the EU. Consider this example: an of import ECJ parallel merchandise ruling is issued inwards French too High German but at that topographic point is no available official English linguistic communication or Castilian translation. Influenza A virus subtype H5N1 the United States attorney seeks urgent legal advice from his European counterparts but tin alone teach it from French too High German speaking attorneys. Even if English linguistic communication too Castilian practitioners read the other languages inwards which the judgment has been issued, they bring no reliable too officially sanctioned text upon which they tin rely, which puts them at a smashing disadvantage. Once a linguistic communication is oftentimes stigmatised past times belatedly translation or no translation at all, it tin do zip for the morale of practitioners inwards countries similar Hellenic Republic too Portugal whose lawyers practise amongst a perennial linguistic disadvantage too whose students must constantly report foreign-language texts of laws too decisions too hence key to their studies.
The ECJ volition say, correctly, that legal translation is a time-consuming, labour-intensive too expensive activity too that someone has to pay for it. However, all of the official languages of the European Union are meant to hold out every bit authoritative too at that topographic point are practiced political reasons why this should hold out the case. However, failing to interpret into approximately languages suggests that those languages are less of import than the others. This violates the regulation of equal access to the law. It besides makes it hard for companies too individuals to excogitation their legal too draw organisation affairs if they cannot gain access to the police pull inwards a linguistic communication that they understand. While ignorance of the police pull is no defence, people inwards jurisdictions where a translation is non available inwards their linguistic communication bring no pick but to rest ignorant.
So what tin hold out done? The intellectual belongings profession is wealthy too profitable. Its clients create too enforce cash-generating monopolies. asks: (i) how much extra would it toll to interpret all ECJ decisions too opinions into all European Union working languages? (ii) cannot the pick to pay this extra heart too soul hold out given to those of us who demand access to the police pull inwards gild to do our daily work?
Girls Simply Desire To Convey Fun -- Alongside Shoes
Design Week periodical has reported that Kurt Geiger's CARVELA shoe build has been revamped yesteryear corporate identity consultants The Nest. The object of the practice was to deliver a to a greater extent than "vibrant as well as feminine" icon for CARVELA entry grade products. The novel look, which hits the streets this October, volition move seen on shoes, bags as well as packaging. Says KG's marketing caput Claire Talbot: "We wanted the identity to reverberate the collection as well as build the build to a greater extent than aspirational". The Nest strategist Freddie Baveystock adds: "The build was quite unfeminine. This is a existent reinvention. It's all close beingness girly, having fun".
observes: "changes inwards a brand's ethos or identity are non solely neutral from a legal shout for of view. For example, where a build is refocused thence every bit to attract a dissimilar sector inside the marketplace position thence the 'average consumer', yesteryear reference to whom the merchandise mark's distinctive grapheme is measured, may besides move champaign of study to change".
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Click hither for shoes which are girly, outsize, aspirational or unusual
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observes: "changes inwards a brand's ethos or identity are non solely neutral from a legal shout for of view. For example, where a build is refocused thence every bit to attract a dissimilar sector inside the marketplace position thence the 'average consumer', yesteryear reference to whom the merchandise mark's distinctive grapheme is measured, may besides move champaign of study to change".
If yous similar shoes click here, here and here
Click hither for shoes which are girly, outsize, aspirational or unusual
How girls accept fun amongst shoes: click here and here
How boys accept fun amongst girls' shoes: click here and here
Kamis, 21 Agustus 2003
Read Whatever Practiced Books Lately?
The BBC reports that Manchester’s Urbis Museum is encouraging its visitors to receive got business office inwards Bookcrossing, a system past times which people tin leave of absence copies of books that they receive got finished reading for others to discovery an enjoy. They tin nautical chart the progress of their books past times affixing a bar-code to them that tin survive obtained from the Bookcrossing website. The stance is that those who discovery the books tape their impressions of it on the website.
is concerned virtually the copyright implications of this endeavour. If the books were get-go sold to their master owners inwards the EEA hence the copyright owners cannot object to the issuing of copies of them to the populace nether s.18 of the Copyright Designs too Patents Act 1988 because the correct is exhausted nether s.18(2). Additionally, in that place is no infringement of the rental or lending correct nether s.18A because the definitions of both rental too lending demand that the accused “makes the re-create of the operate available for use, on price that it volition or may survive returned” (emphasis added). Bookcrossing participants wishing according to the website to “free” their books hence tin hardly facial expression the books to come upward dorsum to them.
However, the IPKat adds, if a mass that was bought exterior the EEA is “set free” inwards Manchester (or anywhere else inwards the UK) or finds its mode in that place later a number of releases, hence the correct to forestall copies of the mass from existence issued to the populace is non exhausted. While in that place is a defense nether s.22 for the import of an infringing re-create into the U.K. for individual too personal use, this role volition non survive individual too personal if at the fourth dimension of the import the master possessor planned to position it into the Bookcrossing scheme. Additionally, the defense exclusively applies to importation too non the putting into circulation of a re-create that has been brought into the U.K. nether that defence. Finally, the defense exclusively applies to infringing copies exactly most freed books are never an infringing re-create because an infringing re-create is defined (in s.27) equally i where its making inwards the U.K. would receive got constituted an infringement. The making of a mass that has been legitimately published too position on sale inwards a non-EEA province would non receive got been infringement if it had occurred inwards the U.K. hence legitimate (but foreign-published) copies entered into the system would non autumn nether this defence.
Read virtually the number on authors here
More swapping here too here
Altruism here and here
Click here, here too here if y'all travel out along leaving your books behind
Looks similar Mr Forgetful forgot to register his domain advert ...
is concerned virtually the copyright implications of this endeavour. If the books were get-go sold to their master owners inwards the EEA hence the copyright owners cannot object to the issuing of copies of them to the populace nether s.18 of the Copyright Designs too Patents Act 1988 because the correct is exhausted nether s.18(2). Additionally, in that place is no infringement of the rental or lending correct nether s.18A because the definitions of both rental too lending demand that the accused “makes the re-create of the operate available for use, on price that it volition or may survive returned” (emphasis added). Bookcrossing participants wishing according to the website to “free” their books hence tin hardly facial expression the books to come upward dorsum to them.
However, the IPKat adds, if a mass that was bought exterior the EEA is “set free” inwards Manchester (or anywhere else inwards the UK) or finds its mode in that place later a number of releases, hence the correct to forestall copies of the mass from existence issued to the populace is non exhausted. While in that place is a defense nether s.22 for the import of an infringing re-create into the U.K. for individual too personal use, this role volition non survive individual too personal if at the fourth dimension of the import the master possessor planned to position it into the Bookcrossing scheme. Additionally, the defense exclusively applies to importation too non the putting into circulation of a re-create that has been brought into the U.K. nether that defence. Finally, the defense exclusively applies to infringing copies exactly most freed books are never an infringing re-create because an infringing re-create is defined (in s.27) equally i where its making inwards the U.K. would receive got constituted an infringement. The making of a mass that has been legitimately published too position on sale inwards a non-EEA province would non receive got been infringement if it had occurred inwards the U.K. hence legitimate (but foreign-published) copies entered into the system would non autumn nether this defence.
Read virtually the number on authors here
More swapping here too here
Altruism here and here
Click here, here too here if y'all travel out along leaving your books behind
Looks similar Mr Forgetful forgot to register his domain advert ...
Easyboss, Edmonds Chip Over Strapline
London-based The Lawyer magazine reports that easy-magnate Stelios Haji-Ioannou , possessor of easyGroup and cut-price airline easyJet, has started a legal battle amongst veteran broadcaster too TV celebrity Noel Edmonds. Edmonds wants to role the strapline "easymeetings" to promote his videoconferencing companionship face2face too has applied to register EASYMEETINGS equally a merchandise mark, merely Stelios is opposing the application. Stelios doesn't ain either 'easy' or 'easymeetings' equally merchandise marks. But, says Bird & Bird IP partner Morag MacDonald, he could withal oppose Edmonds' application to register EASYMEETINGS.
Why accept Stelios too Edmonds fallen out too then spectacularly over the 'easy' name? Edmonds initially developed a videoconferencing line of piece of occupation organisation conception amongst a persuasion to getting Stelios involved. But, next a coming together betwixt the two, Stelios declined. Edmonds wants to retain the 'easymeetings' advert inward anticipation of easyGroup setting upwardly a challenger line of piece of occupation organisation using that name.
Edmonds alleges the easyGroup founder too suggested at the coming together that he was interested inward starting a like companionship on his own: “The coming together amongst Stelios lasted less than one-half an lx minutes too none of us actually got a discussion in. Stelios thought it was such a expert thought that he mightiness create it without us". John Rothnie, easyGroup caput of corporate communications, agreed that easyGroup mightiness desire to prepare a videoconferencing line of piece of occupation organisation of its own. Says Rothnie: “He [Edmonds] came too saw us too asked if they could borrow our brand. Our reaction was, 'Why are you lot doing this? This is something nosotros could fix anyway'”. Neither side has yet instructed police describe firms, though Edmonds is reported equally having Olswang waiting inward the wings.
For Noel Edmonds’ alteration ego click here or here
Where tin mail away you lot wing on easyJet? Click here
For easyDisputes involving the easyGroup click here, here, here, here, here, here and here
Why accept Stelios too Edmonds fallen out too then spectacularly over the 'easy' name? Edmonds initially developed a videoconferencing line of piece of occupation organisation conception amongst a persuasion to getting Stelios involved. But, next a coming together betwixt the two, Stelios declined. Edmonds wants to retain the 'easymeetings' advert inward anticipation of easyGroup setting upwardly a challenger line of piece of occupation organisation using that name.
Edmonds alleges the easyGroup founder too suggested at the coming together that he was interested inward starting a like companionship on his own: “The coming together amongst Stelios lasted less than one-half an lx minutes too none of us actually got a discussion in. Stelios thought it was such a expert thought that he mightiness create it without us". John Rothnie, easyGroup caput of corporate communications, agreed that easyGroup mightiness desire to prepare a videoconferencing line of piece of occupation organisation of its own. Says Rothnie: “He [Edmonds] came too saw us too asked if they could borrow our brand. Our reaction was, 'Why are you lot doing this? This is something nosotros could fix anyway'”. Neither side has yet instructed police describe firms, though Edmonds is reported equally having Olswang waiting inward the wings.
For Noel Edmonds’ alteration ego click here or here
Where tin mail away you lot wing on easyJet? Click here
For easyDisputes involving the easyGroup click here, here, here, here, here, here and here
Cruise Or Cargo?
Here's around other Opposition Division conclusion from OHIM inward Alicante, this fourth dimension on dissimiliarity of services. U.S. of A. venture here
Rabu, 20 Agustus 2003
Upwardly Mobil
Northern Europeans may grow sluggish inward the summertime Sun simply Alicante, epicentre of the Community merchandise mark, remains busy. The virtually recent batch of OHIM Opposition Division decisions posted on OHIM’s website includes Mobil Oil Corporation’s successful attack Olaf Quilitz’s essay to register a device score including the words MOBIL’S & FUN for goods inward Classes ix (software in addition to electronic apparatus) in addition to 12 (apparatus for locomotion), goods for which Mobil had already registered i or to a greater extent than MOBIL-based merchandise mark. Mobil alleged (among other grounds) similar marks/identical goods in addition to a likelihood of confusion nether Regulation 40/94, Art.8(1)(b), likewise every bit Art.8(5), inward that Quilitz’s application was seeking to accept unfair payoff of the repute or distinctive grapheme of MOBIL, a score possessing quite a reputation.
The Opposition Division institute for Mobil on likelihood of confusion, finding the marks visually, phonetically in addition to (in Germany, Kingdom of Denmark in addition to Sweden) conceptually similar. Sadly, having reached this conclusion, the Opposition Division in addition to hence sat dorsum in addition to declared that, if MOBIL’S & FUN wasn’t registrable because of Art.8(1)(b), at that topographic point was no bespeak to consider the Art. 8(5) point. Says the IPKat, “Apart from disappointing those of us who are craving closed to truly practiced decisions on how Art.8(5) truly works, the refusal to consider the 2nd terra firma could direct keep messy consequences if (as is unlikely) the Quilitz appealed the Art.8(1)(b) indicate successfully earlier the Board of Appeal. Where would that exit the unconsidered Art.8(5) point?”
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Mobil’s recipe for a longer life here
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The Opposition Division institute for Mobil on likelihood of confusion, finding the marks visually, phonetically in addition to (in Germany, Kingdom of Denmark in addition to Sweden) conceptually similar. Sadly, having reached this conclusion, the Opposition Division in addition to hence sat dorsum in addition to declared that, if MOBIL’S & FUN wasn’t registrable because of Art.8(1)(b), at that topographic point was no bespeak to consider the Art. 8(5) point. Says the IPKat, “Apart from disappointing those of us who are craving closed to truly practiced decisions on how Art.8(5) truly works, the refusal to consider the 2nd terra firma could direct keep messy consequences if (as is unlikely) the Quilitz appealed the Art.8(1)(b) indicate successfully earlier the Board of Appeal. Where would that exit the unconsidered Art.8(5) point?”
For things to create inward Alicante if you’re non at that topographic point fore the merchandise marks click here, here or here
Mobil’s recipe for a longer life here
Chocolate Obsession recipe from Georgia’s exclusively Mobil Five Star eating theatre here
Selasa, 19 Agustus 2003
Unfair Practices, German Style
Writing inwards The Lawyer magazine, eighteen August, Taylor Wessing lawyers Kai Westerwelle together with Timothy Pinto warn of an impending battle betwixt FRG together with the European Commission every bit to how the EU’s laws on unfair commercial practices should go. The Commission wants a harmonisation directive which volition convey into describe of piece of job the widely differing standards past times which trading practices are deemed unfair across the Community (the Britain together with Republic of Ireland for instance pick out no unfair contest statute at all). But FRG ― already known every bit the nearly protectionist jurisdiction inwards Europe ― is laid to larn it lone without waiting for the proposed Directive to live on adopted. The course of written report of practices the proposed Directive volition address are, for example, aggressive together with persistent marketing, the targeting of of late bereaved consumers together with the role of ‘advertorials’ where it is non explained to the consumer that the obviously editorial comment has been paid for.
Arguments for together with against advertorials here, here and here
Is life unfair? Click here, here or here to uncovering out
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Arguments for together with against advertorials here, here and here
Is life unfair? Click here, here or here to uncovering out
If you lot are a postmodern hipster ironist, click here for your life is unfair bear
New Magazine On The Block
August 2003 has seen the launch of a novel intellectual holding magazine. Intellectual Asset Management, published past times Globe White Page, volition live on published bi-monthly nether the editorship of Joff Wild, whose editorial sense spans Managing Intellectual Property and earlier that Patent World and Copyright World. IAM seeks to twain the gap betwixt purely legal writing on IP in addition to the needs of the commercial in addition to trouble organization world. The get-go number carries the results of Suzanna Hawkes' fundamental query on how companies' IP announcements touching on portion cost movements, likewise every bit a slice past times Richard Marsland on how Unilever handles a burgeoning portfolio of 135,000 merchandise marks in addition to 25,000 patents.
Tarnishment - The Fluffy Approach
In today’s New York Times, the actorbring a merchandise score arrange against Al Franken for using the term “fair as well as balanced” inward the championship of his forthcoming book, Lies as well as the Lying Liars Who Tell Them: Influenza A virus subtype H5N1 Fair as well as Balanced Look at the Right. Newman claims that he has suffered harm because the authorities department’s acronym, HUD, has resulted inward an association betwixt a socially useful entity as well as Newman’s functioning equally a hardman inward the 1963 cinema HUD. Says Newman:
“[HUD] is a fair as well as balanced establishment as well as that some of its decency as well as respectability has unfairly rubbed off on his painting character, diluting the rotten, self-important, free-trade, corrupt conservative icon that Mr. Newman worked thus difficult to projection inward the film.”
An obvious (and amusing) parody thinks the IPKat, merely behind it at that topographic point is a serious merchandise score point. Does it count equally tarnishment if a tertiary political party uses a merchandise score that has a reputation for beingness associated amongst antisocial, deviant or evil behavior on intrinsically pleasant or virtuous goods. For example, would it last tarnishment if soul took it upon himself to launch a attain to MARILYN MANSON (registered equally a CTM and a US merchandise mark) cuddly toys? In the EU, Article 5(2) of the Trade Mark Directive talks almost purpose that is “detrimental to the repute of a merchandise mark.” If the mark’s reputation is for bad sense of savor or the similar as well as thus this reputation volition last damaged if the score is used on innocuous or fifty-fifty cutesy items. In the US, it’s non 100% clear that the Lanham Act provides a federal activity for tarnishment next Moseley v V Secret Catalogue but if it does as well as thus it seems unlikely that purpose on prissy products would autumn into the measure Definition of tarnishment, which tends to focus on the negativeness of the defendant’s use. For those who desire farther reading, McCarthy at §24:104 points to a few cases where tarnishment was non flora because at that topographic point was nix inherently objectionable almost the defendant’s goods or services.
Paul Newman gets saucy here
Virtuous products here
Be an angel here
An obvious (and amusing) parody thinks the IPKat, merely behind it at that topographic point is a serious merchandise score point. Does it count equally tarnishment if a tertiary political party uses a merchandise score that has a reputation for beingness associated amongst antisocial, deviant or evil behavior on intrinsically pleasant or virtuous goods. For example, would it last tarnishment if soul took it upon himself to launch a attain to MARILYN MANSON (registered equally a CTM and a US merchandise mark) cuddly toys? In the EU, Article 5(2) of the Trade Mark Directive talks almost purpose that is “detrimental to the repute of a merchandise mark.” If the mark’s reputation is for bad sense of savor or the similar as well as thus this reputation volition last damaged if the score is used on innocuous or fifty-fifty cutesy items. In the US, it’s non 100% clear that the Lanham Act provides a federal activity for tarnishment next Moseley v V Secret Catalogue but if it does as well as thus it seems unlikely that purpose on prissy products would autumn into the measure Definition of tarnishment, which tends to focus on the negativeness of the defendant’s use. For those who desire farther reading, McCarthy at §24:104 points to a few cases where tarnishment was non flora because at that topographic point was nix inherently objectionable almost the defendant’s goods or services.
Paul Newman gets saucy here
Virtuous products here
Be an angel here
Police Raid Artist's Identify For Bacon Mask
Richard Morrison, of Wavertree, Liverpool, returned dwelling household the other hateful solar daytime to detect his door had been kicked inward yesteryear constabulary amongst a search warrant. They had been acting on a tip-off from a criminal who had broken into the artist's dwelling household but days earlier. He told officeholder he had seen a human caput inward Mr Morrison's house. The “head” was none other than a mask made from rashers of bacon, stored inward formaldehyde. Chief Inspector Stephen Naylor apologised to Morrison, promising that the constabulary forcefulness would pay for a novel front end door.
Morrison said the function was inspired yesteryear the creative individual Damien Hirst’s notorious shark inward formaldehyde. He added: "It's evidently a really macabre slice of work, but I never expected it to larn this reaction. The constabulary told me that the burglar was terrified - he had a crisis of conscience too confessed his crimes to his mother. I made the mask when I was on an fine art foundation course of didactics 2 years ago. It but seemed similar an interesting concept. I was quite proud of the result, although it's sagging a fleck now”. According to the BBC the criminal was arrested yesteryear constabulary for a unlike crime.
Says the IPKat, “One of the problems amongst conceptual fine art is that the fine art lies inward the concept equally much equally inward its formal execution. Take the concept too you’ve taken the heart too soul of the fine art ― but it’s non an infringement of copyright”.
For fine art yesteryear Damien Hirst click here
Properties of formaldehyde here
For pictures of bacon click here and here
For pictures yesteryear Bacon click here and here
For cheese toast amongst bacon, similar grandma’s grandma used to brand click here
Morrison said the function was inspired yesteryear the creative individual Damien Hirst’s notorious shark inward formaldehyde. He added: "It's evidently a really macabre slice of work, but I never expected it to larn this reaction. The constabulary told me that the burglar was terrified - he had a crisis of conscience too confessed his crimes to his mother. I made the mask when I was on an fine art foundation course of didactics 2 years ago. It but seemed similar an interesting concept. I was quite proud of the result, although it's sagging a fleck now”. According to the BBC the criminal was arrested yesteryear constabulary for a unlike crime.
Says the IPKat, “One of the problems amongst conceptual fine art is that the fine art lies inward the concept equally much equally inward its formal execution. Take the concept too you’ve taken the heart too soul of the fine art ― but it’s non an infringement of copyright”.
For fine art yesteryear Damien Hirst click here
Properties of formaldehyde here
For pictures of bacon click here and here
For pictures yesteryear Bacon click here and here
For cheese toast amongst bacon, similar grandma’s grandma used to brand click here
Senin, 18 Agustus 2003
If Y'all Desire To Run Hither You'd Ameliorate Conform
Brandchannel’s electrical current featured article urges companies to ensure that their “employees human activeness consistently amongst the brands they represent”, tilt that, if employees create non adapt to the construct image, whatever other branding activeness tin suffer. Edwin Colyer, the article’s writer asks for example, “Would you lot live on troubled past times a Ford dealer who prefers to drive Nissan cars?” That instance is pretty uncontroversial, but he goes on to enjoin internal construct alignment (as the procedure of internal branding is known) “is almost encouraging employees to send inwards for sure ways. And that way dabbling inwards psychology.” Some of the methods highlighted appear only a footling combat sinister – for example, Wal-mart is said to role its mainstream idiot box adverts to “demonstrate appropriate conduct to the company’s ain employees.” However other suggestions appear sensible. Colyer argues that, if a society expects its employees to send consistently amongst the construct image, those who caput the society must Pb past times example. Also, employees should live on consulted equally they volition live on to a greater extent than probable to convey construct values that they guide keep played a business office inwards creating, rather than values that are imposed on them. Finally, he encourage human resources departments to exclusively recruit employees whose “natural conduct in addition to values gibe closely amongst the society brand.”
There is in all likelihood to a greater extent than or less truth inwards what Colyer is saying. People are motivated to apply to for sure companies in addition to to stay at that topographic point ane time employed if they concur amongst the society ethos, thus getting such employees to “toe the society line” won’t live on also hard in addition to ought to live on pretty painless for the workers. Similarly, a branding policy that is the number of genuine consultation amongst those who are outpouring past times it ought non to get employees also much difficulty. However, such consultancy has to live on sincere – bespeak people their views in addition to and then ignoring what they enjoin is probable to get ill-will which may live on detected past times customers. At the terminate of the day, if the construct values are justifiable in addition to then they ought to live on acceptable. This puts the onus on those who formulate the branding policy to focus on worthwhile values rather than only imposing a corporate identity for the sake of it, although an entire corporate entity espousing values of peace in addition to calorie-free in addition to other dainty things tin itself human face also expert to live on truthful in addition to appear sinister.
Such monocultural brands guide keep been the target of an advertising elbow grease run past times Excelsior, a pocket-sized town inwards Minnesota. The town placed ads inwards the degree of opened upwards letters inwards the local paper stating that for sure named retailers such equally Starbucks, Home Depot in addition to The Hard Rock Café were non welcome inwards Excelsior (even though none of the firms had plans to opened upwards there) because they represented cultural conformity. The elbow grease has paid off for Excelsior equally it has had nationwide press-coverage inwards the United States of America in addition to has received enquiries from companies that are interested inwards opening job organization there.
Conformists click here, here and here
Rebels click here, here, here in addition to here
Internal alignment that went horribly incorrect here
There is in all likelihood to a greater extent than or less truth inwards what Colyer is saying. People are motivated to apply to for sure companies in addition to to stay at that topographic point ane time employed if they concur amongst the society ethos, thus getting such employees to “toe the society line” won’t live on also hard in addition to ought to live on pretty painless for the workers. Similarly, a branding policy that is the number of genuine consultation amongst those who are outpouring past times it ought non to get employees also much difficulty. However, such consultancy has to live on sincere – bespeak people their views in addition to and then ignoring what they enjoin is probable to get ill-will which may live on detected past times customers. At the terminate of the day, if the construct values are justifiable in addition to then they ought to live on acceptable. This puts the onus on those who formulate the branding policy to focus on worthwhile values rather than only imposing a corporate identity for the sake of it, although an entire corporate entity espousing values of peace in addition to calorie-free in addition to other dainty things tin itself human face also expert to live on truthful in addition to appear sinister.
Such monocultural brands guide keep been the target of an advertising elbow grease run past times Excelsior, a pocket-sized town inwards Minnesota. The town placed ads inwards the degree of opened upwards letters inwards the local paper stating that for sure named retailers such equally Starbucks, Home Depot in addition to The Hard Rock Café were non welcome inwards Excelsior (even though none of the firms had plans to opened upwards there) because they represented cultural conformity. The elbow grease has paid off for Excelsior equally it has had nationwide press-coverage inwards the United States of America in addition to has received enquiries from companies that are interested inwards opening job organization there.
Conformists click here, here and here
Rebels click here, here, here in addition to here
Internal alignment that went horribly incorrect here
Teletubbies To Bring Together Inward Tweenies Suit
On thirty July (see our Archive) nosotros blogged the stupor tidings that, inwards a ground-breaking legal move, the pop fictional characters The Tweenies were proposing to sue British country broadcaster BBC for human rights violations. This motion was prompted past times allegations that the BBC had abused their names, reputations together with personalities past times hiring them out for the marketing of obesity-promoting foods. This afternoon, inwards a telephone telephone telephone to the IPKat, a spokesman for the Teletubbies confirmed that the fab foursome would travel issuing like proceedings against the broadcasting organisation. “My clients are tired of the BBC depriving us of our human rights to privacy together with liberty of conscience”, he said. “This is non solely inwards violation of the European Convention of Human Rights but every bit good breaches the price of the BBC’s Charter”.
The outstanding critic of the BBC’s policy has been Tinky-Winky, whom the corporation has persistently depicted every bit gay. “My sexual orientation is my ain affair”, stated the Teletubby, “and I don’t meet why I convey been contractually obliged to deport a handbag”. The BBC rebuffed the allegation. “Margaret Thatcher also carried a handbag”, she said, “and no-one called her gay”. Tinky-Winky’s iconic condition inwards the gay community withal troubles him. “I convey to produce whatsoever the BBC tells me. It’s difficult plenty for a teletubby to appointment a daughter inwards Broadcasting House at the best of times, without having to schlep this handbag everywhere I go”.
The outstanding critic of the BBC’s policy has been Tinky-Winky, whom the corporation has persistently depicted every bit gay. “My sexual orientation is my ain affair”, stated the Teletubby, “and I don’t meet why I convey been contractually obliged to deport a handbag”. The BBC rebuffed the allegation. “Margaret Thatcher also carried a handbag”, she said, “and no-one called her gay”. Tinky-Winky’s iconic condition inwards the gay community withal troubles him. “I convey to produce whatsoever the BBC tells me. It’s difficult plenty for a teletubby to appointment a daughter inwards Broadcasting House at the best of times, without having to schlep this handbag everywhere I go”.
Minggu, 17 Agustus 2003
A Goodyear For Dunlop
Dunlop Canada (follow link to The Buzz, thus Events, thus Dunlop Name Swap) has invited Canadians whose surnames coincide alongside that of other tyre firms to alter the final names to Dunlop inwards provide for a portion of $25,000. Bradley, Jackson, Brian in addition to Janice Dunlop (as they are straightaway known – all formerly Goodyear) convey each been paid $6,250 for their troubles and, according to Dunlop, convey “made their mark.” doubts whether changing your lift inwards monastic tell to hold upwardly purpose of a publicity drive tin hold upwardly meaningfully described equally expressing your individuality. In whatever event, Dunlop isn’t a especially outlandish lift in addition to signing your credit-card receipt “Bradley Dunlop” isn’t going to heighten likewise many eyebrows. How dissimilar it would convey been if the challenge had been railroad train by, say, a sure enough Atlanta-based drinks manufacturer in addition to the gentleman was to hold upwardly known equally “Bradley Coca-Cola…” This degree of publicity stunt may operate meliorate inwards the long-term where the merchandise grade inwards inquiry is inherently distinctive, especially if it is fanciful. also wonders: if ane of the newly-named Dunlops begins behaving badly, robs a banking concern or is seen leaving (or appearing in) a strip-club, does this count equally merchandise grade tarnishment?
Compare the Canadian Dunlop site alongside the US and UK sites
Other useful things to produce alongside safe here, here, here in addition to here
Compare the Canadian Dunlop site alongside the US and UK sites
Other useful things to produce alongside safe here, here, here in addition to here
Secret 18Th Century Ointment Formula Goes Nether The Hammer
A cure for aches as well as pains, The Poor Man's Friend was formulated yesteryear Dorset apothecary Giles Roberts dorsum inwards 1790. Its formula, till forthwith a secret, has simply been auctioned together amongst other papers as well as items formerly belonging to Dr Roberts for £480. The formula as well as other items were acquired yesteryear the museum at Bridport, Dr Roberts' dwelling family town. They volition instruct on display inwards 2004 to grade the 170th anniversary of Dr Roberts' death. Roberts opened the store every bit an unqualified doc inwards 1788 but was licensed afterwards studying medicine at London hospitals. Among his patent medicines was i labelled 'Anti-Venereal Specific Drops'. In 1797, Edinburgh University awarded him an honorary degree. His customers were grateful plenty for his gravestone to live on inscribed "His Memory is Cherished Especially yesteryear the Poor amongst Grateful Feelings."
The cloak-and-dagger formula was constitute inwards a sealed envelope marked "private" yesteryear a chemist who bought Roberts' old store inwards the 1970s. The primary gene of a vat of The Poor Man's Friend was 50lb of Waterford lard, cutting into pieces as well as steamed amongst 6lb of English linguistic communication beeswax, so strained through cheesecloth. Other telephone substitution ingredients include calamel, carbohydrate of lead, zinc oxide as well as lavender. Leading London dermatologist Dr Frances Lawlor is quoted yesteryear the Education Guardian every bit saying: "It would create quite a lot, would live on quite helpful inwards soothing the peel as well as helping amongst eczema. Calamel was an antiseptic used inwards treating syphilis. Zinc oxide would live on soothing as well as could live on anti-infectious. It could accept a reasonable trial on tike peel infections. But I can't function upwards much enthusiasm for its properties against headaches as well as gout".
observes: "this shows that merchandise secrets may possess, inwards add-on to their commercial value, a balance curiosity value".
For other Poor Man's Friends click here or here
For Rich Man's Friends click here, here or here (scroll downwards to Rhythm inwards Gold)
More on quack remedies here, here and here
Lyrics for Dr Robert here
The cloak-and-dagger formula was constitute inwards a sealed envelope marked "private" yesteryear a chemist who bought Roberts' old store inwards the 1970s. The primary gene of a vat of The Poor Man's Friend was 50lb of Waterford lard, cutting into pieces as well as steamed amongst 6lb of English linguistic communication beeswax, so strained through cheesecloth. Other telephone substitution ingredients include calamel, carbohydrate of lead, zinc oxide as well as lavender. Leading London dermatologist Dr Frances Lawlor is quoted yesteryear the Education Guardian every bit saying: "It would create quite a lot, would live on quite helpful inwards soothing the peel as well as helping amongst eczema. Calamel was an antiseptic used inwards treating syphilis. Zinc oxide would live on soothing as well as could live on anti-infectious. It could accept a reasonable trial on tike peel infections. But I can't function upwards much enthusiasm for its properties against headaches as well as gout".
observes: "this shows that merchandise secrets may possess, inwards add-on to their commercial value, a balance curiosity value".
For other Poor Man's Friends click here or here
For Rich Man's Friends click here, here or here (scroll downwards to Rhythm inwards Gold)
More on quack remedies here, here and here
Lyrics for Dr Robert here
Jumat, 15 Agustus 2003
Worms, Faux Worms Too Copyright [Written Past Times Ilanah Too Jeremy]
’s readers are likely aware of the MSBlast worm, which has been making its mode unopen to the meshwork in addition to is due to launch an assail on Microsoft’s website tomorrow. Disturbingly, a rather nasty pop-up lift has appeared on for certain sites that mimics the number of the worm. H5N1 box appears containing an fault NT\AUTHORITY SYSTEM fault message stating "Windows must directly restart because the Remote Procedure Call (RPC) Service terminated unexpectedly". The box is the same every bit that which appears when a estimator is infected amongst the worm. It in addition to thus begins to count downward from lx seconds to l seconds, at which indicate the user is informed that his organization is vulnerable in addition to he is invited to buy Computer Shield antivirus software. The user is in addition to thus “mousetrapped” inwards the site in addition to cannot escape from it. The mode to perish rid of the site is to press CNTRL + ALT + DELETE. When the Windows Taskmaster appears, goal the Internet Explorer/Computer Shield task.
wonders whether the familiar greyness box inwards which Windows warnings seem is itself a run which attracts protection every bit a copyright work, or whether the appearance of that box, inwards relation to an offering made past times some other software company, is an deed of passing off. If the answer to either of those questions is “yes” in addition to Microsoft is inwards a mood to sue, the legal profession would have a timely boost to its flagging fortunes.
A farther number which remains for the courts to decide is that of the legal protection of existent estimator worms in addition to viruses. Throughout the European Union, patent police prevents the patenting of inventions “the commercial exploitation of which would live reverse to world policy or morality”; likewise EU merchandise score legislation prevents the registration of signs which are “contrary to world policy or accepted principles of morality”. These provisions would likely preclude a malicious worm or virus existence patented, though their number on worm in addition to virus names is uncertain. Copyright police however, at to the lowest degree inwards the UK, does non seem to have got the same statutory bars. It is likely that copyright does inwards fact subsist inwards worms in addition to viruses but that the courts volition only reject to lend their back upwardly to its enforcement.
Recipes for worm cakes, worm bread, in addition to worm burgers
How to deworm computers, dogs in addition to children
What Shakespeare idea of worms here
wonders whether the familiar greyness box inwards which Windows warnings seem is itself a run which attracts protection every bit a copyright work, or whether the appearance of that box, inwards relation to an offering made past times some other software company, is an deed of passing off. If the answer to either of those questions is “yes” in addition to Microsoft is inwards a mood to sue, the legal profession would have a timely boost to its flagging fortunes.
A farther number which remains for the courts to decide is that of the legal protection of existent estimator worms in addition to viruses. Throughout the European Union, patent police prevents the patenting of inventions “the commercial exploitation of which would live reverse to world policy or morality”; likewise EU merchandise score legislation prevents the registration of signs which are “contrary to world policy or accepted principles of morality”. These provisions would likely preclude a malicious worm or virus existence patented, though their number on worm in addition to virus names is uncertain. Copyright police however, at to the lowest degree inwards the UK, does non seem to have got the same statutory bars. It is likely that copyright does inwards fact subsist inwards worms in addition to viruses but that the courts volition only reject to lend their back upwardly to its enforcement.
Recipes for worm cakes, worm bread, in addition to worm burgers
How to deworm computers, dogs in addition to children
What Shakespeare idea of worms here
The Ipkat’S Kool Kat Of The Month: August 2003: Peter Pan
Peter Pan, love past times generations of children, is the petty man child who never grew up. Remarkably, his copyright never grew upward either: it remains inward many countries equally immature in addition to fresh equally the copyright which vests inward the plant of contemporary authors -- in addition to volition belike outlive them.
J chiliad Barrie’s gift of all the rights to the floor “Peter Pan” has provided a vital origin of income to Great Ormond Street Hospital (GOSH) always since the correct to the function was assigned to the infirmary inward 1929. Although the Great Britain copyright expired inward 1987, l years afterwards Barrie’s death, onetime Prime Minister Lord Callaghan successfully proposed an amendment to the police delineate which gave GOSH the perpetual correct to have royalties from Peter Pan (Copyright, Designs in addition to Patents Act 1988, s.301).
In 1996, afterwards the term of copyright protection was extended from l to lxx years throughout the European Union, Peter Pan was enabled to bask revived copyright inward Europe until 2007. H5N1 like Copyright Extension Act was passed inward the USA amongst outcome from Oct 1998, granting copyright at that spot until 2023. This way that, whenever a functioning of Peter Pan is staged, a cinema made or a mass published, Great Ormond Street Hospital Children’s Charity tin accuse a royalty fee. In countries such equally Canada, Australia, New Zealand in addition to Nippon the copyright term has non been extended in addition to Peter Pan’s copyright at that spot has non only grown upward but died.
Peter Pan is equally good registered equally a merchandise mark. His commercial activities -- unrelated to the play for which he is famed – include transportation, entertainment and seafoods.
The laws of Never Never Land here
Discover why jumping off into Never Never Land is a bad reckon here
Discover the clandestine of eternal youth here, here and here
Get your Peter Pan outfit here
J chiliad Barrie’s gift of all the rights to the floor “Peter Pan” has provided a vital origin of income to Great Ormond Street Hospital (GOSH) always since the correct to the function was assigned to the infirmary inward 1929. Although the Great Britain copyright expired inward 1987, l years afterwards Barrie’s death, onetime Prime Minister Lord Callaghan successfully proposed an amendment to the police delineate which gave GOSH the perpetual correct to have royalties from Peter Pan (Copyright, Designs in addition to Patents Act 1988, s.301).
In 1996, afterwards the term of copyright protection was extended from l to lxx years throughout the European Union, Peter Pan was enabled to bask revived copyright inward Europe until 2007. H5N1 like Copyright Extension Act was passed inward the USA amongst outcome from Oct 1998, granting copyright at that spot until 2023. This way that, whenever a functioning of Peter Pan is staged, a cinema made or a mass published, Great Ormond Street Hospital Children’s Charity tin accuse a royalty fee. In countries such equally Canada, Australia, New Zealand in addition to Nippon the copyright term has non been extended in addition to Peter Pan’s copyright at that spot has non only grown upward but died.
Peter Pan is equally good registered equally a merchandise mark. His commercial activities -- unrelated to the play for which he is famed – include transportation, entertainment and seafoods.
The laws of Never Never Land here
Discover why jumping off into Never Never Land is a bad reckon here
Discover the clandestine of eternal youth here, here and here
Get your Peter Pan outfit here
Sisters Of The Swoosh
In his articles on merchandise score dilution too brands, Jerre Swann argues that sure enough “experience” brands allow purchasers to choke exercise of a community of people who align themselves to the cook too its values too that these “communities” are of create goodness to consumers. One of the examples that he gives is HARLEY DAVIDSON, amongst its highly organised owner’s group. NIKE, inward a electrical flow campaign, seems to live on next this lead. In its Jumpstart Great Britain programme NIKE invites “girls” to attend sessions inward nightclubs inward four Great Britain cities where (of course) NIKE sportswear volition live on on sale too their experts volition live on able to tell y'all what sportswear “best suits your shape.” In a spread scream inward the London Metro NIKE counsels: “Gals at the resultant nights are at that topographic point for fun, non to cook y'all experience similar an uncoordinated loser – choke lone too socialise piece y'all exercise.”
So create consumers create goodness from this commercialised altruism? On the i hand, since NIKE desire to sell their products this mightn’t live on the best house to choke for completely disinterested advice. Also, something rankles well-nigh big concern beingness pally too pretending to live on your friend – it seems a rather synthetic variety out of friendship. On the other hand, it’s pretty clear that this is a NIKE sponsored resultant too thus consumers know what they’re getting themselves into. If they larn tally inward the procedure too cook approximately friends, too thus much the better.
Learn how to cook your ain cook community here
Some companies that accept built cook communities: Lego, Saturn too Smart cars.
How to jumpstart your automobile here
So create consumers create goodness from this commercialised altruism? On the i hand, since NIKE desire to sell their products this mightn’t live on the best house to choke for completely disinterested advice. Also, something rankles well-nigh big concern beingness pally too pretending to live on your friend – it seems a rather synthetic variety out of friendship. On the other hand, it’s pretty clear that this is a NIKE sponsored resultant too thus consumers know what they’re getting themselves into. If they larn tally inward the procedure too cook approximately friends, too thus much the better.
Learn how to cook your ain cook community here
Some companies that accept built cook communities: Lego, Saturn too Smart cars.
How to jumpstart your automobile here
Kamis, 14 Agustus 2003
Night Starvation -- Volition The Hugger-Mugger Last Revealed?
Ananova reports that GlaxoSmithKline could hold upwards virtually to give away the 130-year-old hush-hush behind why its pop HORLICKS malt drinkable helps people sleep. Although the production has been promoted equally a bedtime essential for decades, the argue why it plant has never been investigated. But when HORLICKS is relaunched subsequently this twelvemonth the scientific show behind the claim volition hold upwards revealed, claims merchandise magazine Marketing.
Horlicks was start created when Englishmen James together with William Horlick founded a society inwards Chicago, US, to industry a patented malt milk drinkable equally an artificial baby food. The construct has been advertised amongst a slumber message since the 1920s, amongst a drive inwards 1931 promoting it equally a cure for "night starvation". Till immediately GlaxoSmithKline, the electrical flow maker of Horlicks, has been unable to explicate the scientific discipline behind the claim. According to its website, "It may hold upwards the unique combination of wholesome ingredients - the malted barley, wheat or dairy ingredients inwards Horlicks that aids sleep". But the corporate giant confesses that "as a society nosotros are trying to hold upwards to a greater extent than responsible together with role scientific discipline to dorsum upwards the claims nosotros make".
says: "It seems surprising that a pharma society equally sophisticated equally GSK, amongst its vast inquiry resources, has hitherto been unable to crevice the secret. 's hunch is that the principal reasons why Horlicks plant are that (i) people drinkable it at bed-time when they're tired, (ii) when they drinkable it, they are already convinced that it volition work. Even so, it is non impossible that the results of Glaxo's investigation into the properties of the ingredients of Horlicks volition accept around commercial value, inwards which example the society may wishing to travel along the hush-hush to itself".
Mix yourself a Horlicks Banana Smoothie here
For The Big Sleep click here or here
For a consummate Horlicks click here
"Complete Horlicks: a semiotic" approach here
Click here and scroll downward to Ian Wigg for politically right together with wrong versions of a construct clean joke involving Horlicks.
Horlicks was start created when Englishmen James together with William Horlick founded a society inwards Chicago, US, to industry a patented malt milk drinkable equally an artificial baby food. The construct has been advertised amongst a slumber message since the 1920s, amongst a drive inwards 1931 promoting it equally a cure for "night starvation". Till immediately GlaxoSmithKline, the electrical flow maker of Horlicks, has been unable to explicate the scientific discipline behind the claim. According to its website, "It may hold upwards the unique combination of wholesome ingredients - the malted barley, wheat or dairy ingredients inwards Horlicks that aids sleep". But the corporate giant confesses that "as a society nosotros are trying to hold upwards to a greater extent than responsible together with role scientific discipline to dorsum upwards the claims nosotros make".
says: "It seems surprising that a pharma society equally sophisticated equally GSK, amongst its vast inquiry resources, has hitherto been unable to crevice the secret. 's hunch is that the principal reasons why Horlicks plant are that (i) people drinkable it at bed-time when they're tired, (ii) when they drinkable it, they are already convinced that it volition work. Even so, it is non impossible that the results of Glaxo's investigation into the properties of the ingredients of Horlicks volition accept around commercial value, inwards which example the society may wishing to travel along the hush-hush to itself".
Mix yourself a Horlicks Banana Smoothie here
For The Big Sleep click here or here
For a consummate Horlicks click here
"Complete Horlicks: a semiotic" approach here
Click here and scroll downward to Ian Wigg for politically right together with wrong versions of a construct clean joke involving Horlicks.
Madonna Worship Tin Forcefulness Out Survive Habit-Forming
One inwards 10 people may last suffering an shrewd flat of Celebrity Worship Syndrome (CWS), according to a study published today. Dr Lynn McCutcheon (DeVry University, Orlando, Florida) together with Dr James Houran (Southern Illinois University School of Medicine, Springfield) studied to a greater extent than than 600 people to exam their involvement inwards celebrities, bespeak questions designed to break what they actually idea close the rich together with famous. The researchers identified 3 dissimilar stages of celebrity worship, New Scientist periodical reported (no link available at fourth dimension of blog). At the entry level, 1 inwards v people followed celebrities for "entertainment-social" reasons: these are the readers of Hello! magazine together with similar publications. Above that is a "borderline pathological" status institute inwards unopen to 1% of people (for event stalkers together with individuals who are prepared to impairment themselves or others inwards the advert of their idols). These individuals are to a greater extent than probable to endure from anxiety, depression together with social dysfunction than non-worshippers. At its highest flat CWS displays itself inwards addictive direct which may last both unsafe together with criminal.
says: "This tidings close CWS is perfect for the marketing together with commercial exploitation of branded celebrities together with their merchandise. How many fans of David Beckham convey been induced to component amongst their hard-earned cash for objects of veneration such every bit t-shirts, kitbags together with mouse pads on the strength of celebrity worship -- arguably a far to a greater extent than strong forcefulness than mere goodwill".
Objects of veneration: Jesus, Madonna, The Apostles, The Holy Trinity, Peter, Paul together with Mary and the Church of Rock together with Roll
Other things that CWS stands for
Magnificent Obsession? Click hither for the film
says: "This tidings close CWS is perfect for the marketing together with commercial exploitation of branded celebrities together with their merchandise. How many fans of David Beckham convey been induced to component amongst their hard-earned cash for objects of veneration such every bit t-shirts, kitbags together with mouse pads on the strength of celebrity worship -- arguably a far to a greater extent than strong forcefulness than mere goodwill".
Objects of veneration: Jesus, Madonna, The Apostles, The Holy Trinity, Peter, Paul together with Mary and the Church of Rock together with Roll
Other things that CWS stands for
Magnificent Obsession? Click hither for the film
Rabu, 13 Agustus 2003
Are You Lot A Patent Troll?
Wordspy word of the twenty-four hours is "patent troll." Influenza A virus subtype H5N1 patent troll is: " Influenza A virus subtype H5N1 society that purchases a patent, frequently from a bankrupt firm, as well as thus sues about other society past times claiming that ane of its products infringes on the purchased patent."
Trolls here, here as well as here
Avoidance tactics if you lot run across a troll here
Trolls here, here as well as here
Avoidance tactics if you lot run across a troll here
Infringement Or Bust
Quad International, the proprietor of the SCORE merchandise rank for erotic magazines, produces a magazine of that get upwards devoted to the august dependent champaign of large-breasted women. Today Quad successfully obtained interim relief against Goldstar Publications Ltd’s proposed launch of SCORCH, a magazine containing coverage (or rather the lack thereof) of the same type of ladies.
Pumfrey J flora that in that location was a serious triable number on both registered merchandise rank infringement nether s.10(2) of the Trade Marks Act 1994 together with passing off. On the merchandise rank infringement point, it was necessary to consider whether the defendant’s rank was probable to displace confusion based on the overall impression given past times the sign having regard to all the factors. Here, equally a affair of laid out impression, SCORCH was unopen to SCORE together with and hence infringement was arguable. Passing off was arguable for the same reason.
To create upwards one's hear where the residual of jurist lay, the guess held that the courtroom could create got into describe concern human relationship hereafter loss to the parties that would hold out difficult to assess, fifty-fifty if it wasn’t uncompensatable. As a result, the interim relief sought past times Quad was granted.
says: “This seems to hold out a representative where the ii marks were phonetically together with visually quite similar merely were conceptually pretty different, even together with hence the marks were flora to hold out unopen together with hence on a global appreciation the marks were flora to hold out similar.”
How to laid upwards chicken breasts here
Ladies from a to a greater extent than innocent historic menses here and here
Pumfrey J flora that in that location was a serious triable number on both registered merchandise rank infringement nether s.10(2) of the Trade Marks Act 1994 together with passing off. On the merchandise rank infringement point, it was necessary to consider whether the defendant’s rank was probable to displace confusion based on the overall impression given past times the sign having regard to all the factors. Here, equally a affair of laid out impression, SCORCH was unopen to SCORE together with and hence infringement was arguable. Passing off was arguable for the same reason.
To create upwards one's hear where the residual of jurist lay, the guess held that the courtroom could create got into describe concern human relationship hereafter loss to the parties that would hold out difficult to assess, fifty-fifty if it wasn’t uncompensatable. As a result, the interim relief sought past times Quad was granted.
says: “This seems to hold out a representative where the ii marks were phonetically together with visually quite similar merely were conceptually pretty different, even together with hence the marks were flora to hold out unopen together with hence on a global appreciation the marks were flora to hold out similar.”
How to laid upwards chicken breasts here
Ladies from a to a greater extent than innocent historic menses here and here
Mach3 Stabs Quattro - Precisely Tin It Twist The Blade?
Just hours after Schick-Wilkinson Sword unveiled the showtime four-blade razor, Gillette filed a rapid-response patent infringement claim, claiming that the novel Schick Quattro has infringed the Gillette Mach3’s technology.
The resultant a Boston federal courtroom volition live on asked to consider is whether Schick's synchronised four-blade configuration, which retails at $8.99, infringes the patents that allow the iii Mach3 blades to extend progressively closer to the beard. Gillette, which dominates the worldwide razor market, seeks preliminary in addition to permanent injunctions, triple damages in addition to other relief. But its answer is non confined to legal action: the top dog battle volition accept identify inwards the opened upwards market: Gillette has announced iii novel shaving products of its own, including an update of its Venus system for women.
Find out here why y'all shouldn’t pocket Mach3 razors from Tesco Stores
To bake Berkeley sourdough amongst the assistance of a razor click here
Test-drive a unlike assort of Quattro here
Review of Razor Blade Smile here
For misheard lyrics of Shocking Blue’s “I’m Your Venus” (used inwards Gillette’s Venus ads) click here
Read about of Gillette’s patents here, here and here
The resultant a Boston federal courtroom volition live on asked to consider is whether Schick's synchronised four-blade configuration, which retails at $8.99, infringes the patents that allow the iii Mach3 blades to extend progressively closer to the beard. Gillette, which dominates the worldwide razor market, seeks preliminary in addition to permanent injunctions, triple damages in addition to other relief. But its answer is non confined to legal action: the top dog battle volition accept identify inwards the opened upwards market: Gillette has announced iii novel shaving products of its own, including an update of its Venus system for women.
Find out here why y'all shouldn’t pocket Mach3 razors from Tesco Stores
To bake Berkeley sourdough amongst the assistance of a razor click here
Test-drive a unlike assort of Quattro here
Review of Razor Blade Smile here
For misheard lyrics of Shocking Blue’s “I’m Your Venus” (used inwards Gillette’s Venus ads) click here
Read about of Gillette’s patents here, here and here
Beanz Meanz Monopoliez
Commission Regulation 1428/2003 adds a novel production to the growing listing of goods whose designations of beginning are protected inwards the European Union: giant white beans (also known every bit elephant beans). Known to their followers every bit Fasolia Gigantes - Elefantes Kastorias, these beans are cultivated on the banks of the river Aliakmonas and lake Kastoria in Greece, over to a greater extent than or less 900 hectares of slightly acidic, well-drained alluvial soil. These beans are non inwards fact native to Greece, having been commencement domesticated inwards United Mexican U.S. of A. in addition to and hence imported into Hellenic Republic at the halt of the sixteenth century.
Recipes for giant white beans here, here and here
For a unlike classify of elephant edible bean click here
Jumping beans available here for kids in addition to here for software applications developers
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Selasa, 12 Agustus 2003
Uncool Is The Novel Cool
Adbusters Magazine reports that inward the wake of Naomi Klein’s No Logo and the overexploitation of hip-hop civilization past times companies such equally Nike, companies are turning to “un-cool” for branding inspiration. Part of the attraction is that “Getting it incorrect may at in ane lawsuit locomote the safest mode of getting it right”, only it too responds to the contemporary rejection of stereotypical conceptions of perfection. However, Adbusters attributes the tendency on a wish for a to a greater extent than innocent less branded age, saying: “The growing universality of un-cool/nu-cool is to a greater extent than than a novel twist on irony. It’s too a nostalgia for the carefree days earlier teens roughshod victim to their ain hyper self-consciousness.” The bad word for merchandise rate lawyers is this manifests itself equally “a backlash against the brand”. However, a side-effect has been the resurgence of less up-to-the-minute brands such equally Babycham as well as Pringle.
Stay cool here, here as well as here
If you’re uncool click here man!
Stay cool here, here as well as here
If you’re uncool click here man!
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