Friday flappings

A couple of welcome snippets from Tom Cowling (partner, Swan Turton): the first is an item from The Register concerning a US blogger who was pressed to remove the AVIS logo from a posting on his weblog. The post discussed a ruling on the constitutionality of car rental firm immunity from certain negligence suits and he used the Hertz and Avis logos by way of decorative illustration.

Right: the disputed logo

This piece cites another IPKat reader, Lee Curtis (Pinsent Masons, UK), who said the use was unlikely to constitute trade mark infringement because the blogger was not using the trade mark in the course of trade, adding that it was possible that the use might represent infringement of the copyright in the image itself. The IPKat notes that, while the appearance of the logo on a trade mark-related blog such as this one would be considered quite normal, since issues relating to the appearance, context and infringement of trade marks are discussed regularly, the appearance of the same logo on a post relating to immunity from negligence suits might cause the casual reader to assume that the post is discussing the negligence of the logo's owner. Merpel adds, the fair dealing provisions under copyright law would probably allow the illustration of the logo here, within the context of review or report of a news item, but not in the case of an article on immunity from negligence suits.


The second piece from Tom, via MSN, deals with Motown legends the Four Tops (right), who successfully invalidated a complete mouthful of a trade mark -- VISCOUNT OLIVER’S AMERICAN DREAM THE LEGENDARY FOUR TOPS -- in Class 41 (live entertainments), obtaining supporting injunctions. Remarkably, judge (Mr Justice Warren) ordered Four Tops tributary Viscount Oliver Miller (left) to pay the band £2,032.75 for them to take steps to disseminate and publish the order, including placing an advertisement to that effect in Stage magazine. Tom has procured a copy of the order (which has not been posted on BAILII), through the kindness of Alexis Grower (McGrath & Co.), who acted for the Four Tops. Let the Kat know if you'd like to see it. Asks Merpel, is this the first time a UK court has made an order relating to the dissemination of a court order since implementation of Directive 2004/48 on the enforcement of IP rights?


TIPLO -- The Intellectual Property Lawyers' Organisation -- is holding its Christmas Dinner Meeting on Thursday 6 December at the Old Hall, Lincoln's Inn, London. Star speaker is the well-known Irish wit and raconteur, Cliff Kennedy (MacLachlan & Donaldson); the title of his seasonal address is "I am not British. On the contrary".

Right: another wannabe auditions for the TIPLO Singers

Click here for tickets. More importantly, recruits are anxiously sought for the newly-formed TIPLO Singers who will be performing under the vigorous baton of Anna Carboni. Please email Anna here if you'd like a wonderful opportunity to sing some lovely carols with IP-friendly alternative lyrics. Says the IPKat, the ability to keep a straight face may prove more useful than the possession of a fine singing voice ...