For the half-year to 31 December 2014, the IPKat's regular team is supplemented by contributions from guest bloggers Rebecca Gulbul, Lucas Michels and Marie-Andrée Weiss.

Regular round-ups of the previous week's blogposts are kindly compiled by Alberto Bellan.

Thursday, 29 September 2005

BIG DAY FOR BAHRAIN; NEW InfoTLR; ECJ TO RULE ON MEANING OF LIFE


1 Big day for Bahrain

15 December 2005 - the day before National Day - will see one hell of a celebration among intellectual property enthusiasts in the Kingdom of Bahrain: on that day it accedes to

* the Madrid Protocol on the international registration of trade marks,

* the Nice Agreement on trade mark classification,

* the Patent Law Treaty,

* the WIPO Copyright Treaty and

* The WIPO Performances and Phonograms Treaty.

The IPKat is thrilled. No longer will anyone be able to say that there is a 'Gulf' between Bahrain and other countries in terms of its IP protection.

Information on IP law and resources in Bahrain here and here
Planning to visit Bahrain? What the British Council can do to help.


2 At last, another InfoTLR

Issue two of Lawtext Publishing's bimonthly law report series, Information Technology Law Reports, has now been released. These reports frequently carry intellectual property-related cases, though this issue does not. It focuses on
* Johnson v Medical Defence Union Ltd (on a data subject's request under the UK's Data Protection Act 1998 for access to data held by him, contrasted with his right to secure the same information through normal disclosure procedure in the course of civil litigation),

* Tektrol Ltd v International Insurance Company of Hanover Ltd and others (insurance repercussions for viruses and loss of source code following a burglary) and

* Computer 2000 Distribution Ltd and other v ICM Computer Solutions plc (sale of goods issues arising out of delivery of hardware in pursuit of a fraudulent purchase).
The IPKat has a soft spot for the InfoTLR and hopes he doesn't have to wait too long for the next issue!

3 European Court of Justice to rule on the meaning of LIFE

Flag Thursday 6 October in your diaries: it's Judgment Day in Case C-120/04 Medion. This is the reference for a preliminary ruling on whether the single word mark LIFE, being
"a single word with ‘normal distinctiveness’ and which, although it does not shape or mould the overall impression conveyed by the composite sign, has an independent distinctive role",
is likely to be confused with the later mark THOMSON LIFE. The referring court wants to know whether the German doctrine of Prägetheorie is part of European trade mark law. Prägetheorie (from the Advocate General's Opinion at para.8) is explained as follows:
"The starting point in determining trade mark similarity where individual components of conflicting trade marks are the same is the overall impression conveyed by the marks; what must be ascertained is whether the common component characterises the composite mark to the extent that the other components are largely secondary to the overall impression. There will be no likelihood of confusion on the sole ground that the common component merely contributes to the overall impression. Nor does it matter whether a sign incorporated in a composite mark has retained an independent distinctive role. Individual elements in the overall presentation of goods may however have a distinct role that is independent of the distinguishing function of other components; the components are then viewed in isolation and compared. A component of a sign which the trade recognises as designating not the product as such but the undertaking from which it originates is not generally regarded as characterising the sign. Where a designation of an undertaking is recognisable as such it should as a rule be secondary in terms of overall impression because the market concerned identifies the actual product designation from the other component of the sign".
The Advocate General's advice to the Court was as follows:

"In determining whether a composite word or word/figurative sign comprising a company name followed by an earlier mark which consists of a single word with ‘normal distinctiveness’ and which, although it does not shape or mould the overall impression conveyed by the composite sign, has an independent distinctive role therein is sufficiently similar to the earlier mark to give rise to a likelihood of confusion on the part of the public within the meaning of Article 5(1)(b) of Council Directive 89/104, a national court must base its assessment on the overall impression given by each mark, bearing in mind, in particular, their distinctive and dominant components, the nature of the public concerned, the category of goods or services in question and the circumstances in which they are marketed".
In other words, the answer's "no" but you'll probably get the same answer to the "is it likely to confuse?" question whether you apply Prägetheorie or follow the words of the Advocate General in respect of 99% of given facts. Anyway, to find out what the ECJ says, don't forget to check this blog next Thursday for news and comment.

32 comments:

Marketing man said...

You have a great blog here! I will be sure to book mark you.
I have a direct email marketing software site. It pretty much covers direct email marketing software related stuff. Check it out if you get time :-)

Quit Smoking said...

Hello fellow fisherman,

Did you know that 16% of the U.S. population goes fishing at least 16 days a year?

Did you also know that over 75% of the nations fishermen do not fish during "prime time"; fish feeding hours?

Those precious few moments before twilight can be absolutely magical. Even up until 11pm at night, the largest predators of any species feed ravenously.

Don't believe me? Check out Daniel Eggertsen's story, and a picture of a couple of his catches here : "Evening Secrets plus more"

I want you to do me a favor and try it out so I can see what you think of it, and if it works for you as well as it did for me.

You will be one of the first to try it out.

Gone Fishin',

Neil

Anonymous said...

Great blog! If anyone is interested in websites for sale feel free to come by my site and check it out. Thanks again!

Anonymous said...

Find solutions to common computer errors and problems.
www.PCAnsers.us

Cash Advance Man said...

I skim a lot of blogs, and so far yours is in the Top 3 of my list of favorites. I'm going to dive in and try my hand at it, so wish me luck.

It'll be in a totally different area than yours (mine is about danger of smoking) I know, it sounds strange, but it's like anything, once you learn more about it, it's pretty cool. It's mostly about danger of smoking related articles and subjects.

Anonymous said...

Wow, I really like this one. I have a website that talks mostly about email marketing uk You should check it out sometime.

Anonymous said...

You got outstanding blog.
Hello Offers and buyers,
Let me tell you some trade portal site which managed by original korean official trade
agency called kotra. Kotra launched buykoreainternational trade us for helping trade products.
This cool site offers trade leads as well Products.
You may have a chance to increase your business.
great buyers looking for your products.
Mind do not miss opportunity on buykorea

Turnkey Builder said...

Market oi millions with blogblastersearch engine marketing firmsearch engine marketing firm
Please go to http://ww.blog-masters.net

Anonymous said...

Consider the power of being able to create incoming links to your site any time you want them...

Johnny said...

Every online business need free traffic. This free traffic handbook is very update and helpful.

aajkal19 said...

The site information helped me to get best quote Term Life Insurance Quote

Brian said...

Hey, you have a great blog here! I'm definitely going to bookmark you!

I have a katrina safelists site/blog. It pretty much covers katrina safelists related stuff.

Come and check it out if you get time :-)

rushprnews said...

Hi, great blog! Let's talk Marketing and PR. Please feel free to visit my blog too at
, RushPRnews Daily Gazette, Open-Call for Writers.
My website is** RushPRnews press release services, distribution and free web posting** . Cordially, Anne Laszlo-Howard

Anonymous said...

Informative blog you have here. Here is mine health services facility

Anonymous said...

nice blog enjoyed it :)

Keep up the excellent work! and i bookmarked u!

so cant wait for ur next post! :)

Thanks!!

Anonymous said...

Great blog! If anyone is interested in websites for sale feel free to come by my site and check it out. Thanks again!

Anonymous said...

Yo, This blog is pretty neat. You should check out mine sometime. It pretty much covers make money online home based business related stuff.

Anonymous said...

If you are in business and are interested in business school uk and FREE advertising and marketing. Try this site, it costs nothing, but a little time

Dokdo Island said...

ello
offers or buyers

These days trade business much easier since internet development.
On net, we can find well made trade portal site.
In fact, those cool sites help your trade business.
How many countries? what kinds of products?
Yes, we can not count.
Around the world, someone looking for your products, and a company
want to import your goods.
Trade portal site become huge marketplace so it called "emarketplace."
How many emarketplace do you know.
Which emarketplace do you recommend.
I am proudly tell you the emarketplace "Buykorea.org"
You may not buy korea, but you can buy and sell what you want.
Buykorea.org trade service managed by kotra(un profit trade agency)
Your marketing budget will be save and business increased.
Check what do you want to know about
post free trade lead.

Anonymous said...

We've been running traffic generating operations for our 400+ websites

Anonymous said...

Hey nice info you posted.
I just browsing through some blogs and came across yours!

Excellent blog, good to see someone actually uses em for quality posts.

Your site kept me on for a few minutes unlike the rest :)

Keep up the good work!

Thanks!Adult Personals

Peter Dobler said...

Hey, you have a great blog here! I'm definitely going to bookmark you!

I have a pay per click affiliate program site/blog. It pretty much covers pay per click affiliate program related stuff.

Come and check it out if you get time :-)

Brian said...

Hey, you have a great blog here! I'm definitely going to bookmark you!

I have a tv advertising site/blog. It pretty much covers tv advertising related stuff.

Come and check it out if you get time :-)

Anonymous said...

What a wonderful invention it is, this thing we call the Internet!

Infactahost.com said...

Hey, you have a great blog here! I'm definitely going to bookmark you!

I have a marketing idea site/blog. It pretty much covers marketing idea related stuff.

Come and check it out if you get time :-)

Anonymous said...

Wonderful thank you which was consulted very much

But in blog of my site, when that has been written about information business should drop in freely.

home business opportunity

TheDevilIsInTheDetails said...

domain lookup nameGreetings! I have to say that I'm quite impressed that your blog ranks so highly for domain lookup name . Because it does (And I'm wacky like that) I thought it might be beneficial to point out this resource for domain lookup name

Anonymous said...

Hey blogger do you know that you can make cash from your blog?

Its so simple a child could do it!

This goes for anyone reading this too.

You can make up to $0.40 per visit with this nice affiliate program called Zangocash

Its one of the best programs out there at the minute and can suit any blogger or webmaster!

To sign up and start earning money right away!

Just click this link below
make money on the internet

So why not start earning today!

Anonymous said...

Hey nice blog!

I want you to come join this site about team adult friend finder

Its cool Adult Friend Finder

Click the team adult friend finder link above and join :) see you there

TechDown said...

Hey, I saw your blog and thought it was great. I thought you might want to look at some great Home Business
. There's a lot of buzz about the new Home Business
and maybe some of your readers will want to know. Best wishes to you.

Dotmotor said...

Can I tell your readers about good advertising on cursus email en language language marketing nl Very thought provoking ideas in your blog.

sunfire3297 said...

Great Blog!!

Subscribe to the IPKat's posts by email here

Just pop your email address into the box and click 'Subscribe':