IP Law Watch – Page 49 – Legal issues, law and regulations concerning the world of IP

A bed Called ‘Nathalie’ – A Dispute Over Creative Designs Protected by Italian Copyright Law

Sep 09 2015

A recent judgment on 16 June 2015 (no. 7432/2015), saw the Court of Milan ascertain the difference between a shape trademark and an artistic shape classified as industrial design protected under copyright law.

The dispute concerned the use and the reproduction of the design of the renowned ‘Nathalie’ bed (the Design), which was created in the ‘70s by Italian designer and architect Vico Magistretti. Mr. Magistretti (and later his heirs) granted an exclusive licence of the Design to the plaintiff.

Is it Still Popcorn Time?

Sep 09 2015

On 31 August 2015 the Public Prosecutor’s Office at the Court of Genova (Italian Prosecutor) issued a sequestration order for copyright infringement against popular streaming software: Popcorn Time.

Popcorn Time (the Software) is open source software which links users through a peer-to-peer network by allowing them to stream and watch movies or TV series. In other words, the Software does not allow users to download data from a server, but users can download files directly from different sources (i.e. other users).

Ali Baba Launches a New Platform to Fight Counterfeiters

Aug 26 2015

The online marketplace continues to generate a vast number of fresh opportunities for businesses, such as the opening up of global trade channels to manufacturers and retailers that were previously restricted to their own local market. However, these opportunities come with very real risks and traders are becoming increasingly concerned about the sale of counterfeit goods through eCommerce stores such as Ali Express and the sale of re-branded copied goods through B2B websites such as Tao Bao.

Is Australia’s Innovation Patent System on Borrowed Time?

Aug 19 2015

On 5 August 2015, the Australian Patent Office (IP Australia) released a consultation paper seeking feedback from interested stakeholders on the Advisory Council on Intellectual Property’s (ACIP) recommendation that the Australian Government should abolish the innovation patent system.

Introduced in 2001 under the Howard Government, the innovation patent system is Australia’s second tier patent right having a shorter term,eight years, and a lower threshold of invention (i.e. an ‘innovative step’ as opposed to an ‘inventive step’ required for a standard patent).

Extension of Term for Australian Patents Relating to AbbVie’s Blockbuster Drug HUMIRA Denied

Aug 12 2015

In a recent decisionthe Australian Patent Office has rejected applications to extend the term of three patents related to the highly successful anti-inflammatory drug HUMIRA.

The patents are part of a family in which extensions of term had been granted in connection with earlier patents. These earlier extensions were based on the initial listing of HUMIRA on the Australian Register of Therapeutic Goods (ARTG) for the treatment of rheumatoid arthritis.

Australian Court Orders Copy House to Undergo Significant Alterations: A Recent Decision on Copyright Infringement in Building Designs

Aug 11 2015

Earlier this week the Supreme Court of Queensland (Court) delivered its judgment in the case of Coles v Dormer & Ors, a copyright infringement case about home designs. The Court found that a house built in an exclusive Port Douglas estate was created by copying the design of another house built close by in the same estate, and ordered that the infringing house undergo significant alterations to change its appearance.

John and Edith Bredens were prospective buyers of a home in The Sands, which had been constructed by Port Douglas Builders in accordance with plans created by designer Gregory Skyring. The Bredens were not successful in purchasing the house, which was ultimately bought by Stephen Coles, who gave evidence that he was particularly taken with the unique style of the house.

As Blue as a NIVEA Cream Tin – Requirements for Acquiring Distinctiveness

Aug 05 2015

The German Federal Supreme Court Rules on the Blue Color Trade Mark of German Cosmetics Giant Beiersdorf

On 9 July 2015, the German Federal Supreme Court (BGH) ruled on the validity of the blue color mark of the German beauty care company Beiersdorf. The BGH specified the requirements for acquiring distinctiveness with regard to abstract color marks by stating that a color can be registered as a trademark if half of consumers linked the concerned product to that color. Thus, the BGH clarified that abstract color marks acquire distinctiveness under the same conditions as other trade marks.

Replica Furniture: A Call to Arms

Jul 30 2015

In a four-part series recently published in Habitus Living, we explore the issues faced by makers of original and authentic designs by the rise of the replica furniture industry in Australia.

The popularity of reality renovation shows has sparked interest and demand for designer furniture, homewares and lighting products. Consumers seeking such products at affordable prices have been serviced by businesses dedicated to the sale of replica furniture products that are manufactured cheaply overseas and widely available online.

Assos v Asos Trade Mark Dispute: UK Supreme Court Refuses Permission to Appeal

Jul 30 2015

The UK Supreme Court (the country’s highest court of appeal) has refused permission to appeal in the long-running Assos v Asos trade mark dispute.

As reported in our post on 2 April 2015 here, the Court of Appeal held that online retailer Asos did not infringe Swiss clothing company, Assos’s, Community trade mark as use of the ASOS brand was defensible under the ‘own name’ defence in Community law.

Louboutin Succeeds Again in Long Standing European Union Trade Mark Opposition Over Red Sole

Jul 29 2015

Christian Louboutin (Louboutin) has again been successful in a long running opposition proceeding filed by Roland SE (Roland) against its red sole trade mark in the European Union.

Louboutin has faced legal challenges around the world in registering and enforcing its signature red sole on its shoes. In 2010, Louboutin filed a Community Trade Mark application for the below trade mark in class 25 for “high-heeled shoes (except orthopaedic footwear)” (Louboutin Mark):
shoe

(Louboutin Mark)