Public Interest No Longer Routinely Considered When Patent Proceedings Withdrawn
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
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.
Read moreShould Unregistered Marks Have a Special Circumstances Exception for Non-Use?
As a common law country New Zealand's trade mark legislation favours use over registration. However, the privileges available for unregistered marks appear vulnerable to non-use due to circumstances outside the control of the owner.
Read moreReeling in the Doctrine of Equivalents
In Olaf Sööt Design LLC v Daktronics Inc 2020-1009, 2020-1034 one of the Court of Appeal for the Federal Circuit (CAFC) Judges expressed concern about the misuse of the doctrine of equivalents and sought to reaffirm the primacy of the claims in determining the scope of a patent’s monopoly.
Read moreBrexit Determines Appeal Following Lax Max Opposition
In the recent Board of Appeal decision Max Kiene GmbH v Frito-Lay Trading Co GmbH R 204/2020-4 delays during the opposition period have subsequently resulted in the appeal against the successful opposition being allowed due to intervening changes in the legislative landscape brought about by Brexit.
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