Around the IP Blogs

Here are some recent highlights from around the IP blogosphere: 

1709 blog: Andy Warhol Foundation Asks SDNY to Declare Prince Series Not Infringing

The Andy Warhol Foundation for the Visual Arts filed a suit against photographer Lynn Goldsmith; the suit asks the Southern District of New York Court (SDNY) to declare that the Andy Warhol Prince Series did not infringe on Defendant’s copyright, that the portraits in the series are transformative works protected by fair use, and that Defendant’s claim is barred by the equitable doctrine of laches. The case is The Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith and Lynn Goldsmith, Ltd. Marie-Andree Weiss considers the claim and the Fair Use Factors.

 

Are my stripes distinctive?

Marques class46: The three-striped saga continues 

The European Union Intellectual Property Office (EUIPO) found that the European Union Trade Mark “three-striped marks", owned by the German sportswear manufacturer Adidas AG, did not enable consumers to identify clothing items as originating from a particular producer. Adidas AG also failed with its claim that the three-striped mark had acquired distinctiveness through use based despite the 12,000 pages of evidence. Class 46 Blog discusses some of the observations made by the EUIPO concerning the consumer's perception of the Contested Mark.

JIPLP: Current Intelligence - The scope of protection of Lacoste's trade mark in Turkey
JIPLP’s latest Current Intelligence covers the case of Lacoste’s registration of a ‘Crocodile’ trade mark for goods in classes 11, 20 and 21 which was rejected by the Turkish Court of Cassation. In this matter, the court provided detailed criteria to assess the scope of protection of a well-known trade mark in relation to goods and services different from those for which the trade mark is registered.

The SPC Blog: Darunavir and the interpretation of Article 3(a) by Mr Justice Arnold
Over on the SPC blog, Catherine discusses Mr Justice Arnold’s decision (here, [2017] EWHC 987 (Pat)) relating to the validity of Searle’s supplementary protection certificate (SPC) to darunavir in light of Article 3(a) of the SPC Regulation.

Michael Geist: PBO Concludes CETA Patent Rules Will Lead To Outflow of Hundreds of Millions in Pharma Royalties
The Canadian Parliamentary Budget Officer released a report last week providing its estimate on the economic impact of the Canada - EU Trade Agreement. Michael Geist gives a summary and over view of the report.

EPLaw: NL – Sun V. Novartis / Supreme Court
EP Law updates us on a recent case in the Supreme Court of the Netherlands - Sun Pharmaceutical Industries (Europe) B.V. v. Novartis AG. The matter involved a claim for use of zoledronic acid in the preparation of a medicament for the treatment of osteoporosis, owned by Novartis. However, Sun Pharmaceutical markets a zoledronic acid product with a carve-out for osteoporosis, but had entered a tender for the insurance company VGZ which did not distinguish between indications for the product. Novartis instituted proceedings for indirect infringement and the Court of Appeal held that, other than the first instance preliminary relief judge, and other than the English High Court and Court of Appeal, the patent was entitled to its priority claim. 

Photo: Helena Jacoba