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Senin, 11 Juli 2016

Never Too Late: If you missed The IPKat last week

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Article #NeverTooLate, Article blocking injunctions, Article Cartier, Article intermediaries' liability, Article own name defence, Article Rebranding, Article USPTO,

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Never Too Late: If you missed The IPKat last week

Did you miss the last week of IPKat and are you now feeling lost? Never fear, Never Too Late 104 is here. 

Katfriend Jean-Sébastien Mariez introduces the new draft regulation on e-Sport adopted by the French Parliament. 

Aspartame is back--and is Pepsi playing by a new branding playbook?

Neil Wilkof explains how brands like Pepsi walk the tightrope line between descriptive and distinctive marks in branding.

* The USPTO Moves to Clear "Trademark Deadwood"

New rules from the USPTO will require additional documentation to show that a mark is in fact in use. Mike Mireles explains the significance of the proposed changes and implications for the US.

* BREAKING: Court of Appeal of England and Wales confirms availability of blocking injunctions in online trade mark cases

The Court of Appeal upheld  the decision of Arnold J, confirming that blocking injunctions are available against intermediaries in trade mark cases. This case will be discussed at our rapid response event on 28 July with Simmons & Simmons.

* An opportunity for IP scholars seeking future careers

The Tilburg Institute for Law, Technology, and Society (TILS) invites IP scholars to apply for MSCA (Marie Skłodowska-Curie Actions) individual fellowships - the deadline is 14 September.

* BREAKING: CJEU says that operators of physical marketplaces may be forced to stop trade mark infringements of market-traders

The CJEU in Tommy Hilfiger Licensing v Delta considered that an operator providing a service to third parties relating to the letting or subletting of pitches in a marketplace must be classified as an ‘intermediary’ and can be required to prevent infringements, as Eleonora Rosati explains.

* Book Review: The law and practice of trademark transactions - A global and local outlook

This book has done well to cover a range of practical topics, writes Emma Perot - the sections dedicated to trade mark transactions in Europe being particularly topical currently.

"Own Name" defence in Singapore--when "honest practices" does the heavy lifting

Katfriend Aaron Thng reports a recent case in Singapore which accepted that the "own name" defence is available to a corporation, contrary to the position in the EU (although the defence was not successful).

* Cartier rapid response event on 28 July: come join us!

Join us for a rapid response event to the Cartier decision upholding the validity of blocking injunctions against ISPs. You can register here.

* AG Wathelet advises CJEU to hold French law on out-of-print books incompatible with EU law

Amendments to the French IP code allowing collecting societies to authorise the digital exploitation of out-of-print books are not compatible with the Info Soc Directive, according to AG Wathelet's Opinion.

* MACCOFFEE? We're not lovin' it, says General Court

The CJEU upholds a decision to cancel a 'MACCOFFEE' trade mark on the basis that it was highly likely to be riding on the coat tails of McDonald's' marks. Nick Smallwood brings us this case.

PREVIOUSLY ON NEVER TOO LATE /2016/07/never-too-late-if-you-missed-ipkat-last.html" target="_blank">Never too late 103 [week ending on Sunday 3 July] Publicity Rights v First Amendment | EU Trade marks Article 28 Declarations | Non-EU UK in the UPC? | Book review: IP Strategy, Valuation and Damages | Brexit and Copyright | In memoriam of David Goldring | Openness, innovation and patents

Never too late 102 [week ending on Sunday 26 June]  | Neighbouring rights for publishers | US Supreme Court makes it easier to obtain patent enhanced damages | US Supreme Court in Halo and Kirtsaeng makes IP victory sweeter for successful parties | Enlarged Board publishes decision: EPO President violated judicial independence | Dear Europe... UK leaves the EU | Dear UK... /2016/06/never-too-late-if-you-missed-ipkat-last_21.html" target="_blank">Never too late 101 [week ending on Sunday 19 June] Procedure to remove EPO Board Member ends abruptly | Trade mark "bully" | EU Trade Secrets Directive | Cannibalism, Branding and Market Segmentation | A-G Szpunar declares Rubik's Cube shape mark invalid | Apple and the podcast industry | IP Inclusive | Coke defends opposition to 'ZERO' marks

Never too late 100 [week ending on Sunday 12 June] 5G wireless technology | European Commission Update: Revised SPC tender now open | CJEU considers implemetation of the private copying exception | CJEU gives guidance for communication to the public cases  Google's fair use defence succeeds against Oracle | The state of patent valuation | EPO's plans to restrict post-service employment | Tuesday tiddlywinks (pirates and cake)| Is obscurity a greater threat than piracy? | Justice Slade delivers judgement in Arthur J Gallagher Services v Skriptchenko 

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