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Monthly Archives: October 2005
Community Trade Marks: MOBILIX – not even OBILIX could shift this one.
In Case T-336/03, Les Éditions Albert René v OHIM [2005] EUECJ T-336/03 (27 Oct 2005) the Court of First Instance had before it an application for annulment from a disappointed opponent, for a change. The opponent had failed before the … Continue reading
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Community Trade Marks – Smells: Strawberry Fields Forever? Not Quite
In Case T-305/04 Eden v OHMI [2005] EUECJ T-305/04 (27 Oct 2005), the Court of First Instance dismissed Eden SARL’s claim for nullification of the First Board of Appeal’s decision in «odeur de fraise mûre». Eden had tried to register … Continue reading
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Patents: Micro-organisms
Budapest Treaty: Designation of International Depository AuthorityThe WIPO announced today that the Banco Nacional de Algas (BNA), is designated as an international depositary authority within the meaning of article 6 (2) of the Budapest Treaty on the International Recognition of … Continue reading
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Community Trade Marks: Peek & Cloppenburg v OHMI
This is a case that in Holmfirth we call a “mullock”. An application to register the sign CLOPPENBURG as a word mark for “retail trade services” in class 35 was rejected. The applicant appealed to the Board of Appeal but … Continue reading
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Community Trade Marks and Designs: Fresh up from Alicante
Some interesting stuff in today’s Alicante News from OHIM:MadridIn the first year of the EC’s accession to the Madrid Protocol, it has been designated in more than 6,500 applications received by WIPO in Geneva. On the basis of the designations … Continue reading
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Privacy and eCommerce: Spam Butties
I am again indebted to vnunet.com for this item. According to Ken Young’s article “UK firms flouting spam regulations“, over a third of UK firms are flouting regulations on email privacy. The regulations concerned are The Privacy and Electronic Communications … Continue reading
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Domain Names: ICANN and Verisign, Draft Settlement Agreement
Fascinating insight into the way Americans conduct civil litigation is available from the draft settlement agreement between ICANN and Verisign over the running .com registry. I must admit that I had not been following this dispute very closely so cannot … Continue reading
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Another Pat on the Back for Microsoft
I have become uncharacteristically chummy towards Microsoft lately with kind words about Jerry Fishenden’s speech on ID cards (“Microsoft’s Jerry Fishenden condemns ID Card Plans” 21 Oct 2005). I am going to be nice to them again following a report … Continue reading
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Patents: WIPO publishes FAQ on PCT
For anyone who is not already a patent agent with a lot of experience of the PCT, a short paper on the WIPO website entitled “Protecting your Inventions Abroad” is invaluable. It starts off with the really basic stuff such … Continue reading
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Parallel Imports: Class International BV v SmithKline Beecham Plc. and others
This was a reference to the ECJ under art 234 EEC from the Hague regional court of appeal. The proceedings arose in an appeal by the importer of a consignment of “Aquafresh” toothpaste from South Africa from the refusal of … Continue reading
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