Bpi Nets Begin 23 File-Share Settlements

here and here

Ohim Delivers Tax(Ing) Bracket

An intriguing piffling instance (little existence the operative give-and-take – the reasoning takes upwardly a mere 2 paragraphs) case from the OHIM Second Board of Appeal.

Level 3 filed an application to register a figurative range consisting of the expose iii inwards parentheses (3) every bit a CTM for diverse communication services inwards Class 38. The examiner refused the application, stating that the range lacked distinctiveness in addition to that numbers inwards parentheses are ordinarily used to elevate to ordinals. As such, they belonged inwards Earth domain. Level 3 appealed.

This most sums upwardly the IPKat's thoughts...

The Board annulled the examiner’s determination in addition to remitted the instance to the examiner for farther prosecution:

In principle, a unmarried numeral past times itself is non inherently distinctive every bit a merchandise mark. The same though was non necessarily truthful of a expose enclosed inwards ordinary circular brackets.
There was logic to the examiner’s declaration that the expose iii inwards brackets would last seen every bit an ordinal e.g. every bit referring to the tertiary special inwards a series. However, at that spot was maybe fifty-fifty greater logic inwards Level 3’s declaration that a expose enclosed inwards brackets without thing exterior the brackets would non last seen every bit an ordinal. H5N1 expose inwards brackets without anything earlier or afterwards it has no obvious propensity to select data most the set of an special inwards a list. This suggested that the sign applied for powerfulness conduct maintain the capacity to human activeness every bit a merchandise mark.

Ultimately the determination every bit to whether to spend upwardly the application on absolute grounds depended on the lawsuit that registration of the merchandise range applied for would conduct maintain on the rights of other traders. In this case, the availability of numbers inwards brackets for the role of indicating the set of an special on a listing would non last restricted inwards whatsoever agency because such job would non amount to merchandise range job in addition to hence would non constitute, or last idea to constitute, a merchandise range infringement

says that this may last a pocket-size case, but it packs a mighty punch. The Board has used the reach of merchandise range infringement inwards its determination of registrability, despite clear indications from the ECJ (see for instance Linde) that infringement is non relevant to this assessment. Despite the ECJ’s reverse set inwards Arsenal v Reed, the Board seems to conduct maintain assumed that merchandise range job is a necessary element of infringement. Finally, the Board has considered the ask to popular off on sure enough marks complimentary for others to job inwards assessing distinctive character, rather than inwards its usual business office inwards assessing descriptiveness.

Proper job of parentheses here
Everything you lot never wanted to know most ordinals here
Musical brackets here

Horse Or Whores? Merchandise Score Dilution Takes On Liberty Of Speech

Here's a nice exceptional from the Louisville Courier-Journal, Kentucky. State officials are threatening to sue Bart McQueary, of Harrodsburg, for his "satirical" utilization of the state logo on his website. Last Nov a horse-head graphic as well as the phrase "Unbridled Spirit" were chosen every bit the state's construct logo as well as slogan. McQueary is using the rattling same logo on his ain website, inwards a higher house the slogan "Kentucky: The World's Largest Whorehouse". The executive managing director of the state Office of Legal Affairs served a Notice of Infringement to McQueary, alleging violation of federal merchandise score law. McQueary refuses to take the logo, proverb it's an practice of his liberty of speech. The graphic tin endure seen here and here on sites where McQueary articulates his thoughts on adultery, homosexuality as well as other subjects.

McQueary said the "world's largest whorehouse" is a reference to the state's "high divorce rate, our divorce as well as remarriage rate, our infidelity rate, teen pregnancy rate." He said the state cannot legally strength him to clit the logo because he does non utilization it for commercial purposes. He adds:

"It's the satirical utilization of something. You don't conduct maintain to teach permission for a parody".

The in conclusion determination on whether to sue McQueary has non yet been taken. American Civil Liberties Union lobbyist Marvin Johnson as well as New York merchandise score attorney David H. Bernstein (Debevoise & Plimpton) both said McQueary has federal constabulary on his side. Says Bernstein:

"What he is doing is non merchandise score infringement. People who are familiar amongst the logo as well as who know Kentucky know the state is non proverb 'Come watch Kentucky, we're a whorehouse'".

Bernstein as well as Johnson did nonetheless enjoin that the state could sue McQueary for "dilution", which is defined every bit the unauthorised utilization of a highly distinctive score inwards a trend that tends to blur its distinctiveness or tarnishes its image. But the chances that the state would win are slim, they said.

looks forrard to around sparkling struggle on the interface betwixt federal merchandise score dilution as well as liberty of speech. Merpel adds, "McQueary's comments on the citizens of Kentucky hand a whole novel important to the give-and-take 'damn-nation'".

More Unbridled Spirits here, here and here

Trademark World: What's New?

The March 2005 number of Trademark World, published yesteryear Informa, came thudding through the IPKat's letterbox this morning. Among this month's features were the following:

* Veteran Canadian merchandise ambit adept Dan Bereskin explains how to obtain an invalid Canadian trade-mark registration without actually trying;

Nelson Mandela: how produce merchandise ambit lawyers croak on him happy?
Read on ...

* Elizabeth May (Berkeley IP Services) writes on about remarkable way yesteryear which Nelson Mandela has been able to preclude unwanted exploitation of his refer in addition to image;

* CPA's Rachel Gillard-Jones offers a sample of linguistic communication issues addressed when monitoring official journals inwards dissimilar jurisdictions;

* IPKat co-master Jeremy considers the European Commission's proposal to downplay nationalism inside the unmarried marketplace yesteryear replacing the names of European Union Member US amongst zone numbers.

Latest European Reported Tm Cases

The March 2005 number of Sweet & Maxwell's monthly European Trade Mark Reports has similar a shot been published. It contains English linguistic communication versions of the next cases:

* Rolex Internet Auction (Bundesgerichtshof, Germany): next the sale of counterfeit ROLEX watches through a website, the highest High German courtroom considers the possible liability of the network service provider.

Fakes: are online sales driving out the honest crook?

* Lancome Parfums et Beaute & Cie v Kruidkat Retail BV (Amsterdam Appeal Court, the Netherlands): the replacement of genuine bar codes past times faux ones together with the repackaging of goods province the accused inwards problem every bit a copyright infringer too every bit a merchandise score one.

In addition, this number of the ETMR features about highly pregnant decisions, including

* Case C-245/02 Anheuser-Busch v Budejovicky Budvar (European Court of Justice): reference to the ECJ on the applicability of TRIPs to disputes involving merchandise names, amongst about extra piquancy inwards price of comments on merchandise score use;

Electrocoin: a rare saga of bears together with bars

* Electrocoin Automatics Ltd v Coinworld Ltd: inwards this absorbing representative Geoffrey Hobbs QC analyses the legal consequences of a really odd ready of facts together with advances his "cross-pollination" theory of merchandise score infringement.

Software Patents - Fifty-Fifty To A Greater Extent Than News

The ill-fated European Union Computer Implemented Inventions (i.e. software patents) Directive is inward the tidings withal again. The Commission has rejected a asking past times Parliament for it to redraft the Directive. Instead, the Commission has said that the Council of Ministers volition “review all aspects of the Directive”. MEPs are non probable to travel happy. Two weeks ago, French Green MEP Alain Lipietz stated that if the Commission ignored the Parliament's asking it would travel an "insult" to the assembly.

The European Union logo: i star for every fourth dimension the CII Directive is amended

, for once, is lost for words.

More sagas here, here as well as here

German Football Game Companionship Gets Shirty

Markenbusiness reports on the merchandise mark-related transactions of German linguistic communication football game fellowship Borussia Dortmund. The fellowship sold the rights to its Goool.de merchandise rank for sports wearable equally safety for a loan payment inwards 2000 Now however, it wants to lease the rank dorsum at a cost of 1.4million euros per annum. As safety for this sum, it is offering the rights to its BORUSSIA DORTMUND merchandise mark.

…but who is controlling its quality?

wonders how, alongside such complicated transactions going on, the marks inwards interrogation tin forcefulness out actually last considered to human activity equally a badge of origin. If consumers knew what was going on, would they actually trust the merchandise marks? If they didn’t their value would last lost together with at that topographic point would last nil to lease dorsum together with nil to secure the lease against.

More leasing inwards Dortmund here together with here