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Monday, February 28, 2011

More Monday Miscellany

Sam Cameron explains the basics
of brand extension to the Prime Minister
Further to Mary Ellen Field's post today ("The system's fine, but where's the money?", here), and in the context of the UK government's familiarity with and understanding of intellectual property issues, Mary Ellen adds in a comment beneath her piece "... We should not forget that the PM sleeps with a branding expert. Sam Cameron was creative director at that classic British Brand long before he was an MP. She has totally revitalised a tired brand and taken it international".  All credit to Sam Cameron, but Merpel has only this to add: while it's commendable that the PM sleeps with a branding expect, she's more concerned about who he spends his waking hours with: however pleasurable branding expertise may be, Merpel doubts that it is sexually transmitted.


This coming Wednesday, 2 March, at the coffee-friendly hour of 11am, tytoc collie's excellent and scholarly friend Tanya Aplin (Kings College London) is speaking at Brunel University.  Her oration will be on the topic of  “the continuing dilemma of database protection”. Attendance at this event is free and more information concerning it can be found here.



WIPO (the World Intellectual Property Organization) has now made available some pages to stir the spirits of those who intend to celebrate World IP Day on 26 April 2011 -- and indeed all week, if need be.  The IP Outreach portal is here; this year's theme ("Designing the future") is featured here and a roll-call of posters and fun-and-games from previous years is here.



From Stephan Weber (Legal Counsel, EMEA - IHS Global Limited) comes this plaintive missive: "I have today received another (rather official-looking) scam letter alerting me that one of our trade marks is about to expire and offering assistance. This letter is from the European Trademark Organisation S.A.. I would be happy to forward you a copy of the letter if that is helpful. Do you know of any database where such scams are recorded or would you maybe be interested in setting up such a database?" The MARQUES Class 46 weblog is now doing just this, asking people for details of databases at national level that complement WIPO's own database here.  If you have details of such databases, please let Class 46 know (several useful links have already been received and will be published shortly). All information collated will be shared!

tytoc collie himself received a grand little letter from the Domain Renewal Group this morning, kindly reminding him that his domain names are coming up for renewal and kindly offering to do the job for him, for a consideration.  A brief visit to his friendly search engine reveals that a lot of people have mistakenly assumed that Domain Renewal Group had some official sanction or role, and were somewhat unpleased to find themselves parting with money which, all things considered, they'd rather spend on other things.


In the lovely city of Turin (or Torino, if you love the beautiful name by which Italians call it) there's a fascinating conference coming up on 11 March under the title "Copyright or the right to copy?" (details are available in full on Art & Artifice, here).  One of the speakers is HHH (Hogarth head honcho) Alastair Wilson QC, who will be tackling "Reproduction of Works of Art in the UK".  Says Alastair:
"The essentials of copyright protection have not changed hugely over the past two hundred years – but the nature of art has. 
Copyright law still has the fundamental requirements that for a work to be a copyright work it must be “original”, and to be infringed a “substantial part” of it must have been copied. 
Real problems now arise in the case of conceptual art and artworks closely based on pre-existing works: questions arise as to whether some such things are copyright works at all, and even if they are, what constitutes an infringement". 
If you want to know more, you'd better check your flight times -- unless of course you live in Torino.


Finally, from the Kat's friend, trade mark and branding expert Bob Boad, comes a couple of links (here and here) to a recent news item concerning Alibaba, China's largest e-commerce group which, he observes "is popular with Western traders as a source of cheap Chinese manufactures but it is also notorious as a conduit for counterfeits and other scams".  What's interesting here is that there are actually people at the top who are being identified and expected to bear responsibility -- though not, it seems, liability, for the fraudulent activities of the company they run.  A small step in the right direction is not much to cheer at, except when you consider that it's a lot better than a large step in the wrong direction.

Monday miscellany

"Pass the Katsup"
tytoc collie is delighted to discover how many people will be sharing the TIPLO dinner with him this coming Wednesday -- though he thinks there may still be room for a few more. Young and aspiring IP-ers are reminded that there's a special price just for them -- there's also the added attraction of Lord Justice Jacob in the chair. Full details here.


Perhaps of more immediate interest to the Big League is Managing Intellectual Property magazine's first ever International Patent Forum, coming up in London on 5 and 6 April.  This event, when tytoc collie wrote about the programme here, generated an unprecedented volume of readers' comments for anything he has ever written about conferences.  While it might stretch the pockets of students, trainees and the newly-qualified, the range of topics covered and the credentials of the speakers on display will appeal to the discerning conference connoisseur.  Check out the programme and register here and you will be entitled to enjoy the 20% IPKat readers' registration discount.


If you like
the look, you'll
love the feel!
Look and feel.  tytoc collie's friend Caroline Ncube, of Cape Town University, South Africa, is currently doing some research into the law that governs the potential which the tort of passing off has to offer for protecting the look and feel of a website.  So far she has only unearthed Lifestyle Management Ltd. v Frater [2010] EWHC 3258 (TCC) (10 December 2010, noted by tytoc collie here).  She asks: "Would you know of any case law or scholarly publications on this point? Any pointers would be greatly appreciated".   Please post your suggestions as comments below, says tytoc collie, so we can all enjoy them.


World Trademark Review's latest Global Trademark Benchmarking Survey  is now open and awaits your response.  As WTR's Adam Smith explains:
"We have conducted this survey two years previously and it has always collected insightful results. The first year it revealed how the trade mark industry was coping with the economic downturn, while last year the results showed how many in-house counsel still find it hard to foster cross-company understanding for trade marks. The uniqueness of the survey is that it looks at both sides of the profession: for example, how in-house counsel believe fee structures are changing, and how much of a shift away from hourly rates external counsel are willing to admit to. 
On behalf of each survey participant, WTR will make a donation to a charity chosen by the participant – either the Susan G Komen Breast Cancer Foundation or WaterAid. The results of the survey, together with full analysis based on interviews with trademark industry insiders, will be published in Issue 31 of WTR magazine, the issue we’ll take with us to INTA in May".
To complete the in-house survey, click here. To complete the private practice survey, click here.
Article:


Before charity fatigue kicks in, let's not forget tytoc collie's friend and JIPLP contributor Bratin Roy.  Despite being of apparently sane mind, Bratin is running the London Marathon on 17 April.  Since he will no doubt be shedding many pounds, he would like you to do likewise, donating some cash for two charities that are close to his heart.  To find out more, and indeed to sponsor Bratin's worthy causes, click here.

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