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Best of 2009: I can’t stands no more!

Likelihood of Confusion

Published on January 6, 2009. The Popeye copyrights are now in the public domain in Europe. The post Best of 2009: I can’t stands no more! That’s copyright, not trademark. As Mark Owen, an IP lawyer at the UK firm. appeared first on LIKELIHOOD OF CONFUSION™.

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[Guest Post] CJEU weighs in on supplementary protection certificates in Merck v Teva/Clonmel decision

The IPKat

Here's what Claudio and Federico have to say: Two Kats, hungry to hear the outcome of the two CJEU referrals, via the Public Domain Image Archive "In a long-awaited decision issued on 19 December 2024, the Court of Justice of the European Union ("CJEU") ruled on two joint cases ( C-119/22 and C-149/22 ).

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Smells Like Copyright Infringement

IPilogue

Relying on Twin Books Corporation v Walt Disney Company ( Twin Books ), Bundy argued, “a foreign publication of a foreign work, before January 1, 1978, without notice of United States copyright, did not put the foreign work into the public domain in the U.S.”. They brought evidence of U.S. Copyright Act of 1909.

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[Guest Post] Who owns the copyright to Nigeria’s “new” national anthem?

The IPKat

Is the national anthem in the public domain? Additionally, if the anthem is in the public domain, it can be freely used without legal constraints. At any rate, if “His Majesty”/the then new Nigerian government was deemed the owner of work in 1959, it would have entered the public domain in 2009—i.e.,

Copyright 121
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A Tale of Two Ports? GC holds PORTWO GIN to be an exploitation of PDO

The IPKat

207/2009 due to the date of filing of the application). 207/2009 “must be read with regard to the relevant provisions of EU law concerning the determination and protection of geographical indications as regards wine products” (paragraph 24). Picture on the lower left is Jon Sullivan, who has released it into the public domain.

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New SPC referral to the CJEU on the interpretation of Art 3(a) and (c) for combination products (Merck v Clonmel)

The IPKat

Question 3 does not reference an Article, but asks whether, if an SPC is granted for A, this precludes the subsequent grant of an SPC for A+B, and vice versa. (a)

Art 119
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CAFC Upholds TTAB: TEEN TINKER BELL Confusable With Disney's TINKER BELL for Dolls

The TTABlog

Barrie's Peter Pan , first staged in 1904, and so the parties were in agreement that under copyright law, both the name and the character are in the public domain. It has used TINKER BELL as a trademark for dolls since 2007 and registered the mark in 2009 without a Section 2(f) acquired distinctiveness claim.