Conversion in the trade mark context

Legal context. The paper examines the formal requirements formaking a conversion application and provides an overview ofall the significant time limits which have to be observed. Key points. All relevant decisions taken by the Court of FirstInstance and the OHIM's Boards of Appeal are analysed by theauthors, particularly regarding the geographical scope and registrabilityof English language words. Consideration is also given to transformationand conversion under the Madrid Protocol and explanations areprovided regarding the five different types of conversion andtransformation in that context. As a special feature, the articledeals with conversion in the new Member States as well as inthe context of multiple oppositions. Practical significance. The article looks at conversion of Communitytrade mark applications and registrations into national trademarks from a practical and regulatory perspective. It explainsthe different considerations for requesting conversion froma commercial, legal and factual point of view and, in particular,the different grounds for requesting conversion.     

Coexistence in Community trade mark disputes: conditions and implications

Legal context. A defence based on coexistence has no legal basisin the Trade Mark Directive or in the Community Trade Mark Regulation.Still, a practical approach to Community trade mark conflictsrequires attention to the situation in the marketplace whereconflicting marks may be shown to coexist without any currentconfusion or dilution being reported. Key points. Trade mark coexistence may sometimes be persuasive,the strict requirements being laid down by the Community courts.Through a detailed review of the case-law of the Community courtsand OHIM's Boards of Appeal, this article explains the conditionsfor and the consequences of proving the coexistence of the conflictingmarks in cases based on likelihood of confusion or dilution. Practical significance. Consideration must also be given tothe effects of third parties' neighbouring marks which may diminishan earlier mark's distinctive character. Accordingly, this articlefurther addresses the issue of whether the scope of protectionof a mark may be damaged by the use of later marks in the lightof the ECJ Judgment in the preliminary ruling Case C-145/05Levi Strauss v Casucci Spa.     

Patent Protection in Europe: Integrating Europe into the Community or the Community into Europe?

Patent protection in Europe basically rests on two pillars: national grants or grants from the European Patent Organisation (EPO). The EPO grants patents by a centralised procedure with uniform conditions, but once granted the patents become national and subject to the divergent national laws of EPO–Member States. The system has been very successful, so successful, indeed, that it overshadowed the Community's many unsuccessful attempts to set up a Community patent system of its own by way of a convention between Member States. As the Commission has recently stepped in by proposing the establishment of a Community Patent system by way of regulation, a kind of 'cooperative rivalry' has arisen between the Community and the EPO about how to unify patent protection in Europe. This rivalry not only mirrors divergent views on the politico–economic functions of the patent system, but also is illustrative of different concepts of regional integration in a context of global competition for innovation.     

Bite mark impressions: a review of techniques and materials

Many techniques are described in the literature for use in making impressions of bite mark indentations. A representative technique is presented in detail. Several types of dental materials common to many impression techniques are reviewed with regard to their accuracy, ease of use, and dimensional stability over time. Adherence of materials and a model pouring technique are also discussed.     

Comparative advertising and trade mark infringement: some guidance from the Netherlands

A recent decision of one of the five Dutch Appeal Courts hasclarified the relationship between trade mark law and advertisinglaw, holding that a trade mark owner cannot successfully accumulatetrade mark and advertising claims: where publicity complieswith the standards of advertising law, such use cannot thusamount to trade mark infringement.     

Trade mark registration of non-conventional marks: 'Coca-Cola' in Thailand

The Supreme Court of Thailand has issued a historic decisionrelated to registering non-conventional marks in Thailand byallowing the registration of the two-dimensional shape of theCoca-Cola contour bottle as a trade mark.     

Trade mark protection: the art of styling intellectual property rights

This new commentary on the Austrian trade mark legislation,edited by Professor Guido Kucsko, is remarkable in many respects.First, it is a great achievement to gather together a team ofno less than 40 authors across all aspects of intellectual propertypractice and during a one year ‘tour de force’ puttogether an homogeneous work     

Early and late adopters of ISO 14001-type standards: revisiting the role of firm characteristics and capabilities

Environmental management standards (EMS) are important voluntary management tools that aim at reducing the environmental impact of firms’ activities. From ethical motivations through increasingly high pressure from regulatory authorities to expected financial returns, reasons to adopt an EMS are manifold. While they all certainly matter, it is still unclear from the literature which firm-specific organisational capabilities and structural characteristics significantly drive adoption. Using Propensity Score Matching (PSM) on two samples of French firms, we identify firm-specific factors associated with the early or late adoption of ISO 14001-type EMS and we test whether adoption increases labour productivity. We find that adopters are moderately large manufacturing firms that rely on ISO 9001 standards or Total Quality Management. In addition, according to the first sample, early adopters tend to be more technologically complex firms that are active in the European market. These differences are attenuated in the second sample, which may be biased towards more innovative firms. Both samples however concur with the conclusion that, whether early or late, adoption is associated with a higher labour productivity compared to non-adoption. This result still holds when we use fully interacted linear models instead of PSM, and seems to be consistent over time. Thus, implementing EMS might provide win–win opportunities to adopters, without giving any premium to “early birds”.     

Contact,welfare and children in care: revisiting the significance of birth family relationships after finding significant harm

The focus of this paper is the issue of continuing birth family involvement in the child’s life once the child is living in care. Drawing on a psychosocial study and free association narrative interviews with care leavers it focuses on the harm to a young woman called Frances, caused by direct contact with her birth family and the cessation of such contact. The paper addresses the tension between these two types of harm, in particular the role of contact in safeguarding and promoting the welfare of children in care. It presents an argument for the child’s care plan to emphasise the need for ongoing review of the role and impact of the child’s close relationships and contact with their birth family once the child is in care. This includes ongoing consideration of the child’s changing relationship with the birth mother and siblings with a view to reconciliation in young adulthood.     

Trade mark owners' perspectives on the Madrid System: practical experiences and theoretical underpinnings

Legal context: The Madrid System for the registration of trade marks is basedon two international treaties: the Madrid Agreement Concenringthe International Registration of Marks and the Protocol Relatingto the Madrid Agreement Concerning the International Registrationof Marks. The objective of the system is to assist trade markowners in obtaining trade mark protection internationally andto facilitate their worldwide protection. Thus, the questionarises to which extent the system meets the requirements itwas designed for. Key points: This article presents the Madrid System from in internationaltrade mark owner's perspective, links the Madrid treaties withtrade, and evaluates the Madrid System from a practitioner'spoint of view. The views of trade mark owners varying in size,geographical distribution, market context and number of trademarks filed through the Madrid System have been explored ina series of 23 in-depth interviews. Practical significance: The empirical analysis underlines the important role of theMadrid System in expanding business' market coverage, but alsoshows that a major challenge will be to meet the diverse needsof business operating in varied contexts of developing and developedcountries. While trade mark owners in developed countries needa system that fits high-speed post-Fordist business operations,further awareness-raising and capacity building is necessaryto fully integrate the private sector in developing countriesand to expand participation beyond current usage levels.     

Weighing the parody factor in a trade mark infringement and dilution case

On appeal, the Fourth Circuit affirmed the district court'sdecision that Haute Diggity Dog's (HDD) parody pet toys of famousbrands was not likely to cause confusion with those of LouisVuitton Malletier's (LVM) products. LVM's copyright, trade markdilution, and other claims were also rejected.     

From watchdog to sneak: the UK's new trade mark notification regime

Legal context: This article discusses the move from ex officio refusal of trademark applications based on relative grounds, to a notificationregime. The order making power for this derives from Section8 of the Trade Marks Act 1994. Owners of qualifying earlier registered rights, in respect ofwhich registration of the subject application would be consideredto lead to a likelihood of confusion, will be notified of thelater subject application, and must decide for themselves whetherto oppose. Key points: The article examines the justification for such a shift, interms of the need for a proper evidence and submission basedevaluation of the respective marks, as well as the need to takeall market factors into account in any evaluation. It also addressesthe legal and cultural shift entailed in such a change. Finally,the article attempts to set out three objective measures bywhich an evaluation of success could be measured. Practical significance: The change will affect all those who already have, or will have,registered trade mark rights in the UK. The author's concernin particular is for those who will be receiving notificationletters and what their response might be - given that many willbe unrepresented. The author also believes that more notificationswill be sent out than marks that are currently ‘cited’.     

Crime Trends in Europe from 1990 to 1996: How Europe Illustrates the Limits of the American Experience

In the Council of Europe's European Sourcebook of Crime and Criminal Justice Statistics, crime and other relevant data are assembled for 36 European countries and the years 1990 to 1996. The data show that crime trends differed from those in the United States. Particularly drug and violent offences continued to increase until the end of the period under consideration (1996). Most of the theoretical explanations of crime trends currently in vogue in the United States seem of little help in understanding current European trends. Generally the most valid approaches seem to be routine-activities and situational explanations.