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The Bifurcation Blues

In the last Letter from Europe, I looked at the potential ?nancial impact a single judge could have on the economy. As I alluded to in my conclusion, the Uni?ed Patents Court (UPC), a proposed common patent court open for use...more

Australia: Illegal streaming hits the World Cup

The 2014 FIFA World Cup has been a ratings success for SBS, which has an exclusive Media Rights Licence to broadcast the World Cup across television, radio and the internet in Australia. However, with the tournament now...more

Sports, Media and Entertainment Intelligence - July 2014 (Global)

BETTING AND GAMING - Belgium: Gaming Commission pleads for a further restriction and rationalization of the gaming industry - The Belgian Gaming Commission has sent an open letter to the next government in which it...more

Interior Designs: Is space the final trade mark frontier?

Sometime after I’d piloted Wagamama to victory against the awful Rajamama copycat Indian-themed restaurant, my late friend Paul O’Farrell, who was the COO, asked whether we could get additional trade mark protection by...more

And Speaking of Foreign Trademark Filing Strategy: Tesla Motors is Sued in China for Trademark Infringment

Further to our recent post about the worldwide trademark trials and tribulations of Anheuser-Busch and its BUDWEISER trademark, we now report that the up-and-coming electric car manufacturer Tesla Motors Inc. has been sued...more

Dictionaries and Trade Mark

Hello. My name is Paul Harris, and this is my ‘Letter from Europe’, the first in what will be a fortnightly communique of my thoughts on the commercial world, and IP in particular. After all, I have been doing this for more...more

Doing Business in Canada: Intellectual Property Protection

INTELLECTUAL PROPERTY PROTECTION - Effectively protecting a business’s intellectual property rights has become an increasingly important element of safeguarding the success of many businesses nowadays. The following is...more

Karen Millen Court of Justice of the European Union Decision

On 19 June 2014, the Court of Justice of the European Union (“CJEU”) delivered a judgment in the ongoing seven-year legal battle between Karen Millen Fashions and Dunnes Stores in Ireland. Background - This...more

"Color" Is the New "Black and White" for EU Trademarks

Previously, a logo registered in black and white was considered sufficient to protect versions of the logo in any color, but this is not necessarily true for European Union (EU) Community Trade Marks (CTM). Under the new...more

Trademark Rights around the World: It May Be BUDWEISER® in the US, But Not Everywhere

Anheuser-Busch, the venerable American beer brewer, and Budejovicky Budvar NP, a Czech beer brewer, have been fighting since the 19th century over rights around the world to the BUDWEISER trademark. A Czech town called Ceske...more

Recent Trends in Global Trademark Publications

A recent study indicates that in 2013 China again held the title of most trademark applications published by a national trademark office in a given year. And, while the United States retained its hold on the number two...more

The Katten Kattwalk | Issue 05

In this issue: - The Early Bird Gets the Trademark: Don’t Delay Filing Intent-to-Use Applications - Color Wars: Narrowing Color Claims in Trademark Rights - It’s Good to Be Famous: TTAB Expands...more

Fun Brand Watch: Car2go

About a year ago, funny little Smart Fortwo vehicles started popping up all over my neighborhood. I wondered whether there was some sort of European invasion taking place in Minneapolis. Whatever was happening, I just...more

Unregistered design rights – the Karen Millen case

This is a very recent decision of the CJEU in the Karen Millen case, which provides important guidance to fashion designers and retailers who rely on unregistered design rights in their designs according to the Council...more

Jesus Christ (World Cup) Superstar?

The World Cup is in full bloom and like anything that involves lots of money and national pride, it’s going to generate its share of lawsuits (or threatened lawsuits). My favorite so far finds the Archdiocese of Rio de...more

TTAB upholds mere descriptiveness refusal to register Swatch’s TOURBILLON mark

In In re The Swatch Group Management Services AG (Serial No 85485359, April 18 2014), in a precedential opinion, the Trademark Trial and Appeal Board (TTAB) has affirmed, on the ground of mere descriptiveness, a refusal to...more

The CJEU Takes Tough Stance on Downloading from Unlawful Sources

ACI Adam BV v Stichting de Thuiskopie - Following a reference from the Supreme Court of the Netherlands, the Court of Justice of the European Union (CJEU) held that EU law precludes member states from having national...more

EU Court of Justice Rules Web Browsing is not Copyright Infringement

Whenever we view content on the Internet, our web browsers (Internet Explorer or Firefox, for most folks) make temporary copies of that content on our computers. Amongst the rights reserved by copyright holders is the right...more

Do You Love Paris Too, New York?

Shopping with my daughter this past weekend on the Avenue des Champs-Élysées in Paris, on the way to the Arc de triomphe, we spotted this shop selling “I ? Paris” merchandise...more

Copyright: Europe Explores its Boundaries Part 2: New UK Infringement Exceptions - The Ones That Got Away (and Came Back Again)

In 2011 the Hargreaves Review stated that in some respects UK copyright law had failed to “keep up with technological and social change”, and recommended that the UK implement all of the copyright infringement exceptions...more

An American Attorney in Canada (Part 1: Copyright)

Okay, so maybe it’s neither as romantic as Gershwin’s “An American in Paris“, nor as historical as Mark Twain’s “A Connecticut Yankee in King Arthur’s Court,” but many US lawyers do find themselves facing legal issues in...more

China's new trademark law: 1 month in, 5 things we know

China’s newly amended trademark law has been in effect for about a month now. Has the new law made things better? Here are some of our early observations....more

The New Trademark Law in China: things that everyone should know!

After four years of legislative debate, the eagerly anticipated amendment to the existing PRC Trademark Law come into force on 1 May 2014. This gives brand owners one year to get to grips with the practical...more

Global Trademark Law Update: China And Canada

Global brand owners must keep abreast of developments in trademark law and practice in countries and regions throughout the world. International agreements, such as the Madrid Protocol and Paris Convention, aim to harmonize...more

A Primer on the European Community Trademark

Trademarks used to be protected in Europe, for the most part, by registering them before the trademark office of each nation of interest. However, trademark registrations obtained under the national laws have sometimes been...more

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