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IP News to Peruse

Something More Than Parody Needed for Bad Faith

23rd April 2021

In Swatch AG v Apple Inc 2021 EWHC 719 a UK Judge has held that the Hearings Officer was wrong to find that Swatch’s trade mark application for a phrase used by Apple was made in bad faith on account of its potential parodic use.

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IPONZ Trialling Short-Listed Expedited Hearings

8th April 2021

As part of efforts to reduce the hearings backlog for both patents and trade marks, from 1st April 2021 until 30th September 2021 IPONZ will trial a system that aims to utilize spaces for hearings that become available at short notice.

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Simulations Based on Technical Principles Not Sufficient for Solving a Technical Problem

31st March 2021

In G 1/19 (Simulation) the Enlarged Board of the Boards of Appeal held that whether a computer implemented simulation of a technical system or process solves a technical problem by producing a technical effect that goes beyond the simulation’s implementation on a computer needs to be determined on a case-by-case basis.

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Public Interest No Longer Routinely Considered When Patent Proceedings Withdrawn

25th March 2021

IPONZ has updated its patents hearings practice in the event that the opponent / applicant for revocation withdraws the opposition / revocation.

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US Appeals Court Finds Redbubble Online Marketplace Potentially Directly Infringing

19th March 2021

In The Ohio State University v Redbubble Inc 19-3388 the Court of Appeal for the Sixth Circuit (CA6C) found that Redbubble’s online marketplace more than merely facilitated infringement of Ohio State University (OSU) trademarks and so reversed and remanded the District Court’s summary judgment of non-infringement.

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