Do cloud TV recording or re-broadcasting services infringe
copyright? The battle lines are clearly drawn. Earlier this month,
broadcasters in the US petitioned the Supreme Court to block the
Aereo service, whilst broadcasters in the UK were successful in
getting an injunction in relation to...
International TMT law firm Olswang will be celebrating
International Women's Day with a variety of events across its
international offices, including hosting the firm's annual
'Climbing the Career Ladder in Heels' event.
Bad faith is a basis upon which to challenge a UK trade mark
application or registration, but the bar for proving bad faith is
set fairly high. An allegation of bad faith is akin to an
allegation of fraud and, as such, should not be made lightly.
The infamous 'IP Translator' case (Case C-307/10) has caused a
few waves amongst the IP profession since it was decided in
2012. It has taken a long time for the full effects of the
ruling in relation to the use of Class Headings to be felt, but
there have been several changes of practice in the handling of
trade mark specifications since the decision was handed down.
The Diary of Anne Frank, published by her family over 60 years
ago and translated into 67 languages, has been read by millions.
Given the popularity of the book, the family foundation, which
holds the rights to Anne's works, sought to protect the title of
the book THE DIARY OF ANNE FRANK, as a trade mark in the UK and at
CTM level for goods and services in classes 9, 16, 39 and 41 (DVDs,
films, text books, educational purposes and showing of films
amongst others). The UK IPO rejected the trade mark
application on the basis that the trade mark was descriptive of the
goods and services it sought to protect.
In a decision handed down last month, the CJEU addressed the
concept of "due cause" and specifically, whether a brand extension
into goods for which a mark (RED BULL) had a reputation (i.e.
energy drinks) was with "due cause".