The team is joined by Guest Kats Rosie Burbidge, Stephen Jones, Mathilde Parvis, and Eibhlin Vardy, and by InternKats Verónica Rodríguez Arguijo, Hayleigh Bosher, Tian Lu and Cecilia Sbrolli.

Thursday, 23 February 2017

Never Too Late: If you missed the IPKat last week!

Been away and want to catch up on last week's IP news? No problem! As always, the IPKat is here to bring you a quick summary -- the 135th edition of Never Too Late. 

Playing Polo with potential defendants 
Rosie Burbidge brings readers a Polo story: the longstanding dispute between the Beverly Hills Polo Club’s UK licensee (Lifestyle) and its increasing defendants that concerns infringement of EU and UK trade marks and procuring breach of a licence agreement. 
Rosie Burbidge also explains the trade mark filing spree/battle between Kylie Minogue and Kylie Jenner about the KYLIE mark. 

Neil Wilkof invites Kat friend Professor Shamnad Basheer, a noted figure in the Indian IP community, to report on the story of the Indian organization – “Increasing Diversity by Increasing Access to Legal Education (IDIA)” that was founded by him. 

Too big to pay? Employee-inventor compensation in the Court of Appeal
Eibhlin Vardy recaps the Court of Appeal’s answer to the question of “Can an employer be 'too big to pay' employee-inventor compensation under s40(1) of the Patents Act?” – the court has provided guidance on the relevance of this issue to the question of “outstanding benefit” in the long running dispute of Shanks v Unilever PLC and others [2017] EWCA Civ 2

Willow Tea Rooms: A tale of tea and trade marks (Part 2)
InternKat Hayleigh Bosher hosts a tea party continues her analysis (see Part 1 here) regarding Ms Mulhern, owner of the mark The Willow Tea Rooms opposing the Willow Tea Rooms Trust attempt to register the mark “The Willow Tea Rooms” in classes 35, 41, 42 and 43. 

No more counterfeiters.

BREAKING: AG Szpunar advises CJEU to rule that The Pirate Bay makes acts of communication to the public
Eleonora Rosati speaks on the AG Szpunar’s “extremely interesting” opinion advising the CJEU to answer the question of the Dutch Supreme Court regarding the Stichting Brein, C-610/15 case in the AFFIRMATIVE.

No more counterfeiters! Chanel, Apple, Bayer, LVMH (and more) write to President Juncker on revision to IP Enforcement Directive
Last week, a group of around 80 of the world’s best known consumer brands wrote to the President of the European Commission calling for action in tackling counterfeiters. Annsley Merelle Ward brings Catriona MacLeod’s report on the key points that merit attention. 

Is German SEP litigation set to increase with the "confidentiality club decision"​ of the Higher Regional Court of Düsseldorf?
“Can you just agree the confidentiality club regime with the other side?” -- the popular AmeriKat this time invites Kat friend Christopher Weber (Kather Augenstein) to explain the recent ground-breaking decision from Düsseldorf which is set to make litigating standard essential patents (SEP) in Germany a whole lot easier. 

After Sweden and Germany, GS Media finds its application in the Czech RepublicAfter Sweden [here, here, and here] and Germany [here and here], it is now the turn of a Czech court [here] to apply the seminal decision of the Court of Justice of the European Union in GS Media [for a quick, visual summary see here; Kat-coverage here] -- Eleonora Rosati brings Katfriend Juraj Vivoda (Marek & Partners) to readers to explain the quite “interesting” result in Czech court. 

Photo courtesy of Ms. Ana Bárbara. 

PREVIOUSLY ON NEVER TOO LATE

Never Too Late 134 [week ending on Sunday 5 February] | King Tut's tomb: conservation or replication (but don't forget the "aura")? | Willow Tea Rooms: A tale of tea and trade marks Part 1 | The next round of Cartier: UK Supreme Court will hear appeal re costs of intermediary injunctions | New National IP Strategic Action Plan in China | Full decision of Enlarged Board of Appeal in partial priority / poisonous divisionals referral (G01/15) published |INGRES Conference Part II - Trade Secret, Copyright, Design and Trade Mark Law Developments |5 mistakes to avoid in IP student essays ... and not only there | INGRES Conference Part I - European Patent Law Developments | Remembering Masaya Nakamura, the "Father of Pac-Man" 

Never Too Late 133 [week ending on Sunday 29 January] | IP Summit 2016 (First Part) | When a quote becomes famous: even if it was never quite said that way | The trademark licensing question that won't go away: the standing of a licensee to sue | Would you like a side of Mr Justice Arnold on SPCs with your wind turbine? Teva v Gilead, Abraxis v Comptroller and Wobben v Siemens kick of 2017's patent cases | AIPPI (UK) Event: 2016's patent cases - all you really need to know | BREAKING: CJEU rules that EU law does NOT prevent punitive damages in IP cases | Supreme Court rules Act of Parliament is needed to initiate UK leaving the EU| Book review: "From Maimonides to Microsoft: The Jewish Law of Copyright Since the Birth of Print"| Applications for information on infringers can be made outside of IP infringement proceedings| The Michael Jordan case in China – to be continued 

Never Too Late 132 [week ending on Sunday 22 January] |When this Kat doesn't know, he reaches out to Kat readers: what really happened at the dawn of modern commercial trademark use? I Social media, "WikiLeaks" and false news in the 18th century: Thomas Jefferson and the "Mazzei letter" I Does the economic impact of SPCs necessitate SPC Regulation reform? The European Commission wants to find out I A look at the proposal for the ePrivacy Regulation I BGH: to cease means to recall I Never too Late x2 I Around the IP Blogs 

Never Too Late 131 [week ending on Sunday 15 January] | Arrow declarations can be granted: Fujifilm v AbbVie | Guest Post - China's Patent Boom | Watch out lawyers - do you own your name? 

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