SnIPpets: January 2012 

snip•pet (snip'it) - noun - a small piece or portion, specifically of information

In this edition of snIPpets the topics discussed are as follows:

Trade Marks

• The Court of Justice of the European Union (CJEU) provides further guidance in keyword advertising dispute between M&S and Interflora: The CJEU has ruled that an advertiser can bid on a competitor's trade mark as an advertising keyword provided the sponsored link makes it clear where the goods or services originate. Read more >
• Final round in the Budweiser battle: The CJEU has ruled that Anheuser-Busch, makers of the US Budweiser beer, must share the ‘Budweiser' name in the UK with its Czech rival Budejovický Budvar. Read more >
• High Court rules in passing off dispute on the factors necessary for foreign businesses to prove goodwill in UK: The High Court has ruled that it is not enough that a US online dating website has a reputation in the UK due to a high number of UK visitors to its website - actual UK customers who joined and use the dating website are required to prove goodwill in the UK. Read more >
• CJEU clarifies the law on exhaustion in relation to gas bottle refills: The CJEU has ruled that Kosan cannot prevent its competitor, Viking, from offering a gas refill service for Kosan bottles. Read more >
• UK-IPO allows Cadbury to register purple colour mark for chocolate products – the IPO has dismissed a trade mark opposition by Nestle and has allowed Cadbury to register the purple colour mark for specific chocolate products. Read more >
• Advocate General (AG) advises on the degree of clarity and precision necessary in trade mark specifications – the AG has advised that trade mark specifications using 'class headings' should be read narrowly and taken to mean what they say as opposed to including all goods/services in that class. Read more >
• CJEU provides guidance on the criteria for the detention by Customs of counterfeit goods - in the joined cases of Philips and Nokia, the CJEU has ruled that customs authorities can detain counterfeit goods in transit if there is sufficient evidence that they are to be put on the European market. Read more >

Copyright

• CJEU rules on copyright aspects in the live transmission of football matches – the CJEU has ruled that the Premier League cannot claim copyright in the football matches themselves but they can in some elements of the broadcast such as opening video sequence, anthem and logo. Read more >
  
• First UK website-blocking injunction against ISP finalised – BT was given 14 days to block access to infringing content on Newzbin 2 and ordered to pay the costs of implementing the block. Read more >
  
• CJEU rules on scope of ISP injunction - the CJEU ruling has provided guidance on the factors that national courts must take into account when deciding whether to grant an injunction against an ISP. Read more >
  
• High Court refers questions to the CJEU on "communication to the public" of live streaming of films and broadcasts - following the Premier League CJEU ruling, the High Court has now referred questions on one issue to the CJEU regarding TV Catchup's live streaming service of programmes and films featured on ITV. Read more >
  
• AG issues opinion clarifying the scope of protection for computer programs – the AG has advised that copying the functionality of a computer program may, in some instances, constitute copyright infringement. Read more >
  
• AG issues opinion on the scope of copyright protection for databases – the AG has advised in the football fixture lists case that the skill and effort of creating the raw data of a database should not be taken into account when assessing whether the database attracts protection. Read more >

Designs

• CJEU provides guidance on meaning of 'informed user' in registered community design law – the CJEU has ruled that the 'informed user' is not a technical expert but has a certain degree of knowledge of the product in question. Read more >
  
• Dyson loses appeal in registered design case against Vax – the Court of Appeal has ruled that the Vax vacuum cleaner produces a different overall impression to the Dyson vacuum cleaner.  Read more >

Patents

• Supreme Court delivers first patent ruling – the Supreme Court has allowed an appeal by HGS against Eli Lilly and found that a patent, previously held to be invalid, did satisfy the industrial application requirement. Read more > 

Other news

• Other snippets, including updates on copyright law, the Patents County Court, the Intellectual  Property Office, OHIM, the Digital Economy Act 2010 and government proposals to modernise  IP law. Read more >

What to watch out for in 2012…

• A list of key cases and legislation to watch out for in 2012. Read More >

For further information, please contact Mark Holah, Partner or Nick Rose, Partner at Field Fisher Waterhouse LLP