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  • Under a recent judgement of the Specialized IP Civil Court the trade mark Havaianas was found to be a famous trade mark, which may enjoy broader protection provided by law for trade marks of such status.
  • Earth Wind & Fire is the name of a music band founded in 1965 by the drummer Maurice White. Since 1975 that formation has celebrated worldwide successes and earned Grammies and gold- and platinum albums. The band became famous also in Austria and was famous at the time of priority (2003) of the attacked trade mark. It was from 1977 onwards in the Austrian charts, also at the time of priority. This was so irrespective of whether Maurice White played with his band at that time.
  • Industrial models and designs consist of the shape or ornamental aspect of the industrial products. An industrial model is the three-dimensional aspect of a product, while an industrial design is the bi-dimensional aspect of such products: it is a drawing.
  • Recently, the Australian Patent Office has allowed a patent application for an unfertilised ovum in an application directed to the parthenogenic activation of human oocytes for production of human stem cells.
  • The Federal Circuit has outlined a two-part framework for deciding whether it can review an institution decision, in its Husky Injection Molding Sys v Athena Automation decision
  • Oracle’s denial of a retrial in its copyright fight with Google, disagreement over proposed FCC rules on set-top boxes, a US Department of Commerce report, FDA approval of Amgen’s Humira biosimilar, the top inter partes review petitioners ever and Scotch whisky’s registration as a trade mark in Taiwan were in the recent intellectual property news
  • The Supreme Court will rule on disparaging trade marks, after granting cert in Lee v Tam
  • Read an overview and watch a replay of the “Trade secrets: Strategies for understanding and litigating a DTSA cause of action” webcast
  • The Patent Trial and Appeal Board’s chief judge believes his biggest challenge is taking the Board into a new introspective phase. He talks to Michael Loney about rule changes, PGRs’ potential, Cuozzo, motions to amend and ditching the death squad reputation
  • EU Ministers reiterate support for the system; legal opinion on UK’s participation; The Netherlands ratifies UPC Agreement; legislative process for ratification underway in Italy; new Italian course added to list of UPC representation qualifications for European Patent Attorneys; official timetable for launch of UPC may be revised; Unitary Patent system ready and UPC preparations to continue
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