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Intellectual Property Newsletter
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Articles for May 2004
Protecting trade marks – similar and dissimilar goods
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01 May 2004
Adidas-Salomon AG and another v Fitnessworld Trading Ltd, European Court of Justice, 31 October 2003
Genuine use of earlier mark – proof – CFI ruling
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01 May 2004
Henkel v Office for the Harmonisation of the Internal Market (Trade Marks and Designs), European Court of First Instance, 23 September 2003
International trade mark registrations
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01 May 2004
The World Intellectual Property Organisation (WIPO) says that it is expecting a marked increase in the registration of global trade marks. This follows the adhesion of the US to the system last year, and a..
The McAlpine name
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01 May 2004
A family dispute ended in victory for the Sir Robert McAlpine company when the High Court ruled that efforts by rival Alfred McAlpine to rebrand itself as just McAlpine amounted to a misrepresentation. The Court..
Two Apples in trade mark dispute
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01 May 2004
The Beatles’ record label, Apple, and the Apple computer company have started legal proceedings over the name in the High Court. When the two Apples reached an agreement in 1991 the rise of the internet..
Europe targeted for illegal downloading
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01 May 2004
Lawsuits have been issued against 247 individuals in Europe accused of sharing copyrighted music over the internet. The lawsuits, aimed at individuals in Denmark, Germany and Italy, are aimed at people who, according to the..
Check on CD sales by Amazon
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01 May 2004
Amazon.com is being investigated by the music industry for possible illegal exporting of CDs into the UK. The British Phonographic Industry is in the early stages of establishing whether or not Amazon.com breaches copyright law..
Trade marks – identicality and confusion
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01 May 2004
Compass Publishing BV v Compass Logistics Ltd [2004] EWHC 520 (Ch)
Hollywood victory on DVD piracy
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01 May 2004
A federal court in San Francisco has accepted an argument that the DVD copying products of a small software company, 321 Studios, were handing a potential weapon to DVD pirates. The company had argued that..
Fall in web piracy recorded
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01 May 2004
A survey by the Pew Institute and American Life Project indicates that about 14% of US citizens downloaded music files over the internet in the four weeks ending 14 December. That compared with 29% last..
EU Assembly agrees on Anti-Piracy Directive
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01 May 2004
The European Assembly has voted heavily in favour of a new Anti-Piracy Directive. The main thrust of the proposal consists of civil penalties which will face counterfeiters of any form, who will face seizure of..
Piracy undermines Bowie bonds
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01 May 2004
The fall in music sales, and internet piracy, has affected the £30m bonds issued seven years ago by David Bowie. The singer broke new ground in 1997 when he issued a 10-year bond paying 7.9%..
Patents and inventive steps
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01 May 2004
Rockwater Ltd and another v Technip France SA [2004] EWCA Civ 381
All shook up
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01 May 2004
The Scottish village of Lonmay, where Andrew Presley was born in 1713, and whose offspring emigrated to the US, has received warnings from Elvis Presley Enterprises which controls all aspects of Presley copyright, and which..
Roche brings patent complaint
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01 May 2004
The diagnostic business of Medisys, known as Hypoguard, has been named by Roche as one of four defendants in a complaint alleging patent infringement. The others are Apex, Medicline Industries and Home Diagnostics. Roche is..
Disney wins Winnie the Pooh rights
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01 May 2004
A Los Angeles court has dismissed an action over Disney’s rights to exploit Winnie the Pooh. The case revolved around claims from SSI Inc which acted for the heirs of a literary agent who licensed..
Toyota licenses engine to Ford
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01 May 2004
Toyota has licensed its petrol-electric technology to Ford. Ford says that it has obtained licences for about 20 of Toyota’s 350 patents on hybrids, which make use of batteries to increase the efficiency of ordinary..
Microsoft settles with Sun Microsystems
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01 May 2004
Microsoft has agreed to pay Sun Microsystems almost £1.1bn to settle their long-running legal dispute. Microsoft will pay Sun $700m to resolve antitrust issues, and $900m to resolve patent issues. The companies have also agreed..
BMS abandons Thai AIDS patent
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01 May 2004
Bristol-Myers Squibb, the US pharmaceuticals group, has dropped its action in Thailand over its AIDS drug Didanosine. It says that it has surrendered its exclusive right to produce the drug and would ‘dedicate the patent..
Linux action
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01 May 2004
SCO, a US software firm, is suing DaimlerChrysler and AutoZone for using the Linux operating system on their computers. It claims to own the rights to Unix, an older operating system, and alleges that pieces..
MoD fails to register RAF sign
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01 May 2004
The Ministry of Defence has been stopped from registering the famous Royal Air Force ‘roundel’ – the red, white and blue insignia seen on the wings of fighter aircraft. It had sought to register it..
Shire in action over drug patent
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01 May 2004
Shire Pharmaceuticals has started proceedings against the US company Nostrum Pharmaceuticals after it lodged a new drug application for a generic version of Shire’s epilepsy drug Carbatrol. According to Shire, its patent does not expire..
Cancer charity gets patent
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01 May 2004
Cancer Research UK has been awarded a Europe-wide patent on the hereditary breast cancer gene BRCA2. It already holds the UK patent for the gene. The US firm Myriad holds the patent to the other..
Counterfeit raid
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01 May 2004
More than £1m worth of counterfeit DVDs and CDs were seized in raids at car boot sales in Cannock, Staffordshire. Tyres on three official cars were slashed. The stallholders are still at large.
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Copyright and reversionary interests
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01 May 2004
Novello & Co Ltd v Keith Prowse Music Publishing Co Ltd [2004] EWHC 766 (Ch)
Statutory Instruments
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01 May 2004
Trade Marks (Proof of Use, etc) Regulations 2004 (SI 2004 No 946).
Trade Marks (Amendment) Rules 2004 (SI 2004 No 947).
Trade Marks (International Registration) (Amendment) Order 2004 (SI 2004 No 948).
Community Trade Mark (Amendment) Regulations 2004..
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