Intellectual Property eBulletin | December 2007
Intellectual Property

|
Another Court of Appeal decision which is worrying for brand owners, is cheap "smell a like" products sold with the aid of comparison charts, appear to be approved. (L'Oreal v Bellure) A baby bottle has been held to infringe copyright, patents and to have passed off rights in an earlier bottle. A useful discussion by the Court of Joint Tortfeasors. In a surprise judgement in the first appeal concerning the scope of the Community Design Regulation, the UK's Court of Appeal has overturned the decision which found that Reckitt Benckiser's airwick odour room freshener product design infringed the registered design of Proctor and Gamble's Febreze air spray. The Court criticised the way in which the trial judge had assessed the "overall impression" of the designs, a key component of determining infringement. Useful guidance has been given by the High Court of the factors to take into account when considering whether or not to grant disclosure of the identity of users of an online fan website. The EU Court of First Instance has upheld OHIM's decision that a pattern on the surface of a glass was not capable of registration as a trade mark. (Glaverbel SA v OHIM) The UK government is considering amendments to online copyright law to better balance the position of rights-owners and consumers in respect of online uses. Likely features are a format shifting exception, clearer duties on ISPs and stiffer penalties for infringers. ECJ clarifies that where a shape mark is on the face of it unregisterable because it gives substantial value to the goods, acquired distinctiveness will not render it registerable. In brief:
Peter Pan falls out of copyright this year, click here for details. Changes to Companies Acts may be delayed for another year, to 2009. Fair dealing - first case on whether research for commercial purposes can be since 2003 changes. Detailed report in our next issue. Have you opted in to the new trade marks notification regime? Many have not, click here for what it means and what to do. |
Intellectual Property Contacts
Other Information
11 Oct 07
Pre Budget Report 2007 - read our analysis Manage Personal Details
|

