1/2015 2.3.2015
Which are the most interesting TM cases and how to interpret expressions, such as “overall impression” and “informed user”?
  • The most interesting trademark cases from the CJEU in 2014
    The Managing IP Magazine has combined the most interesting trademark cases from CJEU from 2014, such as Apple Store, the TripTrap chair and Golden Balls. The cases demonstrate the increasing trend of brand owners seeking to register exotic marks and hence, challenging the limits of what constitutes a trademark. The cases provides a summary of useful legal and practical guidance for brand owners.
    Read more: http://www.managingip.com/Article/3422839/Managing-Trade-Marks-Archive/Trade-mark-guidance-from-the-CJEU-in-2014.html 
  • Inaccurate reporting of trademark filings by an US music artist in the US causes fuel in media and protest songs.
    According to The World Trademark Review, US pop star Taylor Swift has filed several trademark applications in the US to protect her own name (and variations of it), for the album title “Speak Now” and phrases from her lyrics. The trademark filings in the US caused negative reactions in media, mainly due to misleading reporting on the purpose of the filings. It was considered that she was trying to monopolize certain phrases. According to Swift’s legal team the purpose was to use the phrases from her lyrics associated with her songs only with merchandise she widely sells in the US.
    Read more: http://www.worldtrademarkreview.com/blog/Detail.aspx?g=61ccf10f-885e-4aa6-9d04-3421f8c7e3b4
  • IP issues around big data business.
    The Managing IP Magazine outlines problems points in big data and IP. It is discussed what of range of techniques licensors must rely upon in order to protect their big data. What is the role of copyright and trade secret law in big data and what does licensees and licensors need to understand in big data agreements?
    Read more: http://www.managingip.com/Article/3420586/Latest-Issue/Considerations-on-big-data-licensing.html

  • EU design cases from 2014 leaves open questions in the interpretation of the EU-wide legislation.
    The Managing IP Magazine outlines design cases from the Court of Justice and General Court, which has left questions open on how to interpret expressions, such as “overall impression” and “informed user”. The concern is that General Court’s decisions indicate lack of understanding of the scheme of the legislation.
    Read more: http://www.managingip.com/Article/3418860/Latest-Issue/A-mixed-year-for-EU-design-cases.html