Tag: Infringement

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Court confirms additional tools for trade mark owners to protect their brand where they operate a selective distribution system in the EU
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Australian Patent and Plant Breeder’s Rights Year in Review
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A Right (Design) Carry-On!
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A bed Called ‘Nathalie’ – A Dispute Over Creative Designs Protected by Italian Copyright Law
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English Books Seized by Hong Kong Customs

Court confirms additional tools for trade mark owners to protect their brand where they operate a selective distribution system in the EU

A recent decision by the Court of Milan found that a trade mark owner who had consented to products being sold in the European Economic Area (EEA), but only through authorised retailers, could make a claim for trade mark infringement where the product was sold by an unauthorised retailer. This case highlights the effectiveness of implementing a selective distribution system for product manufacturers looking for new ways to protect their brand.

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Australian Patent and Plant Breeder’s Rights Year in Review

K&L Gates has prepared the first edition of Patent and Plant Breeder’s Rights Year in Review which examines the significant judgments, development and events effecting patents and plant breeder’s rights in Australia.

The Review looks at a number of cases over the year including the Australian High Court’s decision in D’Arcy v Myriad Genetics Inc in the biotech industry, whether an Australian affiliate of an international pharma company was an exclusive licensee and whether it had standing to sue, and the Productivity Commission’s “IP Arrangements” Inquiry Report plus other updates. Click here for the summary or click here for the ePublication.

By: Simone Mitchell, Veg Tran, Michael Christie, Alex Dunlop, Jillian Lim, Jamie Wolbers and Jessica Mandla

A Right (Design) Carry-On!

By Briony Pollard and Serena Totino

Designers will be disappointed by the recent Supreme Court decision in the long running Trunki (suit) case between Magmatic and PMS International, which finally put to bed whether surface decoration could and should form part of the global comparison test when assessing infringement of a Registered Community Design (RCD).

In 2013 Magmatic Ltd., manufacturer of ‘Trunki’, the ride-on suitcases for children, attempted to enforce its RCD against PMS International Group plc, importer and seller of the ‘Kiddee case’ in the UK and Germany.

Both Trunki and Kiddee cases are designed to look like animals, both have four wheels, a clasp at the front and a saddle-shaped top making the cases easy for children to ride on. The differences between the cases are largely limited to colour and the ‘protuberances’, which look like horns in the Trunki case and antennae or ears in the Kiddee case.

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

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.

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English Books Seized by Hong Kong Customs

Following a tip off from the public, six suspects were arrested by Hong Kong Customs in April 2014 for allegedly selling fake English books.

Customs seized 500 books, three computers and 3 photocopiers worth up to HKD117,000 from a children’s learning institution, where the three directors and three receptionists were arrested. The suspected case of copyright infringement, involved selling infringing books as course materials at below half price of the genuine books. Read More

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