Recent publications

Here's a really useful piece of research: entitled A Review of the First 150 Decisions on the Validity of Registered Community Designs, this is the work of the MARQUES Designs Team. This team, led by Howrey's David Stone, has produced a detailed breakdown of the decisions of OHIM's Cancellation Division, current to January 2007. The data is reduced to a 22 page full-colour chart of the decisions, illustrating both the registered design and, where available, the prior art against which the registration was challenged. There is also a useful set of tables, breaking down the 150 decisions by language of proceedings, country of origin of (i) design right holders and (ii) applicants for invalidity, subject-matter of design right and so on.

The IPKat has no idea how anyone can get hold of this research. He can't find it referred to anywhere on the MARQUES website and a Google search of its title fetched a zero response. But it's well worth getting hold of, if you can.


While he was at the INTA Meeting in Chicago the IPKat picked up the most recent issue of CPA's popular IP Review. This issue of the Review, back copies of which are now available online, contains 50 colourful pages of brightly written, accessible features - and not too many adverts either. Two contributors to this issue are bloggers: The Trademark Blog's Marty Schwimmer on the IP issues emerging from Second Life and the IPKat's own Ilanah Simon on whether the Europe Union is falling behind the US in its protection against trade mark dilution. Also on view is an insight into the mind of easyGroup Managing Director Anthony Robb-John.


On the subject of dilution (or rather on the subject of something other than dilution) this year's offering from Anne Gilson LaLonde, of Gilson on Trademarks, is "Can't Get Into the Dilution Club? Now Would be a Good Time to Revisit Likelihood of Confusion" (LexisNexis, ISBN 0820517261). Issued with release 62 of Gilson on Trademarks, this tome packs quite a punch, giving a crisp, clear account of where US law on likelihood of confusion stands in the light of current doctrine concerning the big four issues: how you compare marks in the first place, proximity of the goods or services the marks are used on, how consumers - who may be simple or sophisticated - are likely to see them and how much weight should be placed on the strength of the earlier trade mark. The IPKat's wondering what Anne's got in store for Berlin 2008 ...