Newspaper Jobs Columns; Are They Becoming Redundant?

This comes to the IPKat from Haaretz, via his friend Mena Kaplan of Marval O'Farrell & Mairal, Argentina.

Tel Aviv District Court Judge Yehuda Zaft has ruled that Herzl Ozer, full general managing director of Off-Tov in addition to founder of the AllJobs network site, is allowed to proceed to re-create undertaking chance notices from the classified ads of Maariv newspaper - in addition to evidently from other newspapers, too. The gauge rejected Maariv's petition for an injunction against Ozer in addition to his website in addition to advised Maariv to consent to the dismissal of the newspaper's NIS 1 meg (173,317 euro) damages suit. This ruling effectively paves the manner for whatever commercial torso to purpose the situations vacant listings of another, without such purpose constituting information theft or copyright infringement.

Maariv: the cry way "evening" inwards English. Will the Sun hold upwardly setting on its paper-based jobs columns?

In this item case, at that topographic point was no information theft: information on avaliable jobs didn't belong to Maariv, but rather to the advertisers, who merely purpose the daily paper equally a platform in addition to advertisers bring an involvement inwards their notices beingness published inwards other places apart from Maariv in addition to the job-seeking world is also interested inwards "an accessible site that enables them to easily survey undertaking offers". Maariv argued that people would halt buying its spaper in addition to would surf Ozer's site instead, to which the gauge responded:

"The network poses novel challenges to businesses that relay information to the full general world via quondam platforms. The world has an involvement inwards promoting inaugural ... The paper must reveal a manner to be amongst it."

Maariv has claimed that inwards the yesteryear decade it had invested NIS 174 meg (over thirty meg euro) inwards publishing undertaking chance supplements in addition to marketing campaigns in addition to roughly other $1 meg inwards launching its ain network site. This did non motion the judge, who observed: "The petitioner is to hold upwardly viewed equally naught to a greater extent than than an company that offers an advertising platform inwards telephone commutation for payment. The resources invested yesteryear the petition were aimed mainly at promoting the reputation of the platform in addition to non at collecting the information included inwards the notices that were published". thinks this must hold upwardly right in addition to thus far equally copyright police is concerned: that right protects the shape inwards which information is presented, non the information itself. However, on the right facts Ozer's website, if operated inside the European Union, may perchance infringe the sui generis database right. Merpel says, "I prefer the network to newspapers every fourth dimension -- it's easier to search in addition to I don't instruct newsprint on my paws".

Some odd situations vacant here , here and here

Free 4All For Phone(S) 4U

Here's roughly other curiosity which has thus far surfaced exclusively on the LexisNexis-owned Butterworth All England Direct subscription service (how create they larn these cases?). In Phones 4u Ltd together with roughly other v Phone4u.co.uk Internet Ltd together with others [2005] EWHC 334 (Ch) Phones 4u had since 1995 run a chain of shops called ‘Phones 4u’; its nurture fellowship owned a merchandise grade consisting a logo limited to the colours red, white together with blue.

In August 1999 Phone4u.co.uk obtained the domain cite ‘phone4u.co.uk’ together with laid upwards an internet-based trouble organisation selling mobile phones. The domain cite ‘phone4u.com’ was too acquired. Phone4u.co.uk was incorporated inward Apr 2000 but did non trade; cash generated every bit a termination of sales from the Phone4u.co.uk website were accounted for personally. Phones 4u sued Phone4u.co.uk for passing off together with merchandise grade infringement. The primary number for decision yesteryear the courtroom was whether Phones 4u had established that it had, at the relevant date, acquired sufficient goodwill or reputation inward the term ‘phones4u’.

Richard Sheldon QC, serving every bit a Deputy Judge inward the Chancery Division, dismissed Phones 4u's claims.

On passing off

* Taking merchandise presence, turnover together with build awareness into account, Phones 4u failed to shift the burden of proving that it had the requisite goodwill or reputation inward the facial expression ‘Phones 4u’ at the relevant date.

* Bearing inward heed the descriptive nature of the cite ‘Phones 4u’, the fact that at that topographic point was pregnant purpose was insuffficient to constitute the being of reputation inward August 1999.

On merchandise grade infringement

* Phones 4u, having opted for a limitation every bit to the colours of its registered grade nether the Trade Marks Act 1994, s.13, could non together with thus assert infringement arising out of Phone4u.co.uk's purpose of the grade inward dissimilar colours. Accordingly, the claim for merchandise grade infringement would too live on dismissed.

Phone 4u or Phones 4u? It's a unopen telephone hollo upwards ...

can't believe that the limitation of a merchandise grade to only 3 colours agency that a grade loses the protection available against similar marks that crusade a likelihood of confusion -- but he's prepared to appear till he sees the total judgment earlier taking sides ... Merpel says marks of this nature are thus descriptive it seems a shame they're entitled to whatever protection at all. Such protection every bit at that topographic point is must live on a kindness to consumers rather than a favour to unimaginative traders.

Phones 4u here; Phone4u.co.uk here
Some interesting telephone sites here, here and here

Ecj Translators, Where Are You?

Case T-33/03 Osotspa Co. Ltd, Bangkoka 5 Iekšējā tirgus saskaņošanas biroju (preču zīmes, paraugi un modeļi) (ITSB) has similar a shot been posted on the ECJ website. Languages inward which this conclusion appear include Lithuanian, Estonian, Slovene as well as Slovakian -- only NOT English.

tin sack come across that this illustration involves a rather attractive merchandise rank that looks similar this:

Unfortunately he can't brand out a discussion of the judgment.

For those of his readers whose Lithuanian is upward to it, the courtroom ruled every bit follows:

"Pagal Darbo reglamento 87 straipsnio ii dalį pralaimėjusiai šaliai nurodoma padengti išlaidas, jeigu laimėjusi šalis to prašė. Kadangi ieškovė pralaimėjo bylą, jis turi padengti bylinėjimosi išlaidas pagal VRDT ir įstojusios į bylą šalies pateiktus reikalavimus. Remdamasis šiais motyvais, PIRMOSIOS INSTANCIJOS TEISMAS nusprendžia: (1) Atmesti ieškinį. (2) Priteisti iš ieškovės bylinėjimosi išlaidas".

's shop of righteous indignation is far from beingness used up: he's seething alongside rage that the nigh widely-comprehended linguistic communication inward the footing is beingness treated inward this way. Merpel says: "МЯУКАНЬЕ".

Mexican Courtroom Piles On The Agony For Levi Strauss

Today's Daily Telegraph reports on a existent disaster for jeans manufacturer Levi Strauss. Local police pull inwards United Mexican States City, pressured past times i the company's lawyers, targeted a mill run past times Mexican enterprise Comexma was suspected of producing imitation goods. Local media were invited along to witness the raid. Comexma's mill was indeed producing Levi branded jeans, but that was simply what it was supposed to hold upwards doing: it was i of Levi's ain suppliers, legitimately producing clothe nether licence from the USA company. Comexma in addition to hence sued Levi's, seeking compensation both for commercial loss in addition to for harm to its reputation equally a effect of the raid. H5N1 courtroom inwards United Mexican States City has at in i lawsuit ordered Levi's to pay $24.5m inwards damages in addition to lost income, addition a farther $20.5m for harm to Comexma's reputation.

Levi's: is in that place a ask to spell upwards its legal human activeness inwards Mexico?

Levi has at in i lawsuit admitted its mistake, claiming that its Mexican merchandise score protection counsel failed to cheque amongst the company's USA headquarters earlier proceeding. H5N1 Levi's spokesman is yet reported equally maxim that the USA fellowship "strongly disagrees" amongst the courtroom decision, against which it was appealing: the raid occurred later Levi Straus had told Comexma it was terminating its contract in addition to the Mexican fellowship was inwards the procedure of shutting downwards the facility. Levi Strauss said that, fifty-fifty if the damages awards stand, its operating income would hold upwards higher inwards the showtime quarter than during the same catamenia final year.

says this is a nightmare scenario which -- irrespective of the rights in addition to wrongs of the Mexican courtroom determination -- both should in addition to could hold upwards avoided past times adequate policing of licensees' activities. "I didn't know Mexican courts awarded such large sums past times agency of damages", adds Merpel. "Is it alone because Levi Strauss is a USA corporation, or would a like honour hold upwards made against a local trace of piece of occupation concern too?"

Levi's jeans in addition to social responsibleness here
Invention of Levi Strauss bluish jeans here; swinging bluish jeans here
Levi Strauss in addition to the structural study of myth here

Vaccine Names Displace Confusion

is grateful to Ed Meikle for pointing out this article from the BBC. 93 teenage pupils at a schoolhouse inwards Carlisle received an wrong vaccine equally a upshot of an wrong social club beingness placed amongst the manufacturers. Following a inundation which destroyed the master stock of vaccines, whatever emergency social club was placed past times telephone. However, instead of obtaining REVAXIS, which contains Diphtheria, Tetanus as well as Polio vaccines, the wellness control ended upward amongst REPEVAX, which contains the same combination as well as a whooping coughing vaccine that is aimed at under-fives. Luckily, the additional vaccine was non harmful. Both vaccines are produced past times Aventis Pasteur MSD.

says that this goes to exhibit how, inwards cases where the goods are ordered past times telephone, the aural chemical part of the marks inwards interrogation tin give notice last crucial. In this illustration of course, in that location is no number of merchandise grade infringement since both vaccines are made past times the same company. though is certain that, had the marks been inwards the hands of unlike proprietors, this would last a clear illustration of confusion.

More on the UK’s vaccination programme here.

Ipkat Translation Watch

L'affaire T-32/03, Leder & Schuh AG contre l'Office de l'harmonisation dans le marché intérieur (marques, dessins et modèles) (OHMI) has been posted on the OHIM website, inwards French together with German. It's something to produce amongst the JELLO SCHUHPARK merchandise mark. If anyone tin laissez passer notice enjoin the IPKat what this is all about, tin laissez passer notice he or she delight postal service a comment below. Merpel says the IPKat should terminate moaning together with larn some other xx languages.

Software Patents: The Motility For Inventiveness Speaks

has received this niggling Federal Reserve notation from the Campaign for Creativity:

EU Governments endorse continued patentability of computer-implemented inventions

London – vii March 2005 The EU’s Competitiveness Council has formally agreed its Common Position endorsing the continued patentability of Computer Implemented Inventions this morning.

The Directive volition instantly supply to the Parliament for a Second Reading.

Campaign for Creativity director, Simon Gentry, has said supporters of the continued patentability of CI inventions volition today move relieved that European Governments are going to back upwards in addition to defend its innovative high-tech industries.

“The Directive explicitly states that software itself volition non move patentable, but inventions that purpose software volition be. The Directive’s objective has e'er been to ensure in that place is a clear legal framework inwards house to back upwards the existing exercise of the European Patent Office.

“It has been a frustrating menstruum for our supporters who vehemently believe arguments against the Directive cause got been deeply misleading, in addition to that the combat has been subverted into an anti-patent debate.

The European Parliament instantly has to catch whether it actually wants to move responsible for stripping Europe’s innovative high-tech companies of their patent protection simply equally other parts of the world, notably Republic of Republic of India in addition to Cathay are introducing CII patents to encourage in addition to protect their innovators”,

he said.

The Campaign for Creativity likewise believe the outcome of this morning’s coming together was the outcome of the Directive beingness heard inwards the appropriate Council meeting, next a serial of objections in addition to delays inwards the Agricultural in addition to Fisheries Council piece of cake final year.

The Second Reading inwards the European Parliament on the Directive volition withdraw to accept house inside the side past times side 3 months.

says, all possible links pertaining to this dependent area must sure cause got been exhausted past times now.