Intellectual Property

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Canadian electronic DJ Deadmau5 (real name Joel Zimmerman) is currently locked in a heated trade mark dispute with entertainment Goliath Disney.

Zimmerman performs his shows while wearing a cartoonish oversized mouse mask with even more cartoonish oversized rounded ears. This symbol, which has been dubbed "Mau5head", also appears on his range of clothing and accessories, including everything from cups to USB keys. Deadmau5 and his Mau5head are recognised and followed by millions world-wide. In June 2013, Zimmerman sought to cement his creation by applying for trade mark protection with the US Patent and Trademark Office.

Disney, fearing that its own intellectual property was…

Continue Reading Of Mice and Men

The Minister for Jobs, Enterprise and Innovation has announced that Ireland will establish a local division of the Unified Patent Court. This of course is subject to Ireland ratifying the International Agreement (signed February 2013) on a Unified Patent Court by way of referendum. Under the terms of the International Agreement, Ireland has the choice of setting up a local division or participating in a regional division with one or more Member States. 

When operational, the Unified Patent Court will allow actions to be filed under patent legislation in a single court to decide on the validity of a patent throughout up …

Continue Reading Ireland to establish local division of Unified Patent Court

In the Irish Government Budget for the forthcoming year published on 14 October, it was announced that the so called ‘Double Irish’ tax mechanism was being phased out. One of the mechanisms that is being considered to replace the ‘Double Irish’ is a new ‘Knowledge Box’ scheme. This scheme would be similar to the recently introduced Patent Box in the United Kingdom and would be of significant benefit to intellectual property holders in Ireland and those seeking to establish themselves in Ireland. Commentators suggest the Knowledge Box scheme will include a tax rate likely to be at least as low as 6.25 per cent and perhaps lower on intellectual property assets managed in the scheme. A 6.25 per cent tax rate would be half the standard Irish corporate tax rate of 12.5 per cent. The exact scope and conditions for qualifying for the scheme have yet to be determined.Continue Reading Knowledge Box – Ireland’s new IP Tax Incentive

Last night saw the Dublin Web Summit host a special "Web Summit Schools" evening. Over 5,000 students from all over the country attended a lively and interactive evening hosted by Marcus Segal, the former COO of Zynga Games.

Coder Dojo had a huge presence at the event with a good majority of students confirming that they participated in different coding clubs all around the country. Coder Dojo is a global movement of free coding clubs for young people with a presence in 48 countries which was co-founded by entrepreneur James Whelton.  James was at the event interviewing child prodigy Adora Svitak. Adora, an inspiring …

Continue Reading Coder Dojo encourages coding at Web Summit Schools Event

Italian publishing company Arnoldo Mondadori Editore SpA has had an appeal dismissed by the General Court in opposition proceedings brought against the registration of the mark GRAZIA.  In 2008, Grazia Equity GmbH sought to register a community trade mark in respect of the word sign GRAZIA under Classes 35 and 36 of the Nice Classification (business consultancy and financial services). 

Mondadori filed an opposition based on an earlier mark for GRAZIA under Classes 3, 9, 16, 18, 25 and 38.  In rejecting the opposition, the Opposition Division of OHIM said that there was no likelihood of confusion as the goods and services concerned were not similar.  Mondadori argued before the OHIM Fourth Board of Appeal that an overall assessment of the likelihood of confusion should have been considered, such as the fact that the mark was well known to the relevant public and that Article 8(5) of the Community Trademark Regulation 207/2009 should apply.  Mondadori filed a further appeal at the General Court when that argument was rejected and unfounded.Continue Reading No confusion between GRAZIA marks

The UK Court of Appeal has upheld a decision of the UK Patent Court where Mr Justice Birss gave summary judgment in an action for a declaration of non-infringement (Nampak Plastics Europe Ltd v Alpha UK Ltd 2014 EWHC 2196 (Pat)). The case, involving rivals in the plastic milk bottle business, saw the claimant Nampak Plastics Europe Limited bringing an action against Alpla UK Limited alleging infringement of its patent for a plastic milk container (ECO1). Alpla, denying infringement, produced a modified bottle (ECO2) and brought a claim for a declaration of non-infringement under Section 71 of the 1977 Patents Act and subsequently sought summary judgment from the court, which was granted.Continue Reading UK Court of Appeal not concerned with any spilt milk

Following the referral of the High Court to the Court of Justice of the European Union (CJEU) in Schrems v Data Protection Commissioner (No.2) [2014] IEHC 351, as reported in two previous blogs, the plaintiff in that case, Max Schrems, has successfully signed up over 25,000 applicants to pursue a quasi "class action" suit against Facebook Ireland Limited in a civil case before the Commercial Court for Vienna.

The number of applicants was capped at 25,000 for practical reasons with the cap being reached within a week of its launch and as of Friday 8th August the number of applicants stood at over 45,000.Continue Reading Class action suit launched against Facebook Ireland in Austria

The ALS Association has filed two trademark applications with the US Patent and Trademark Office for "ice bucket challenge" and "ALS ice bucket challenge" for the purposes of charitable fundraising.   In recent weeks there has been a social media storm of people carrying out the challenge by pouring a bucket of iced water over their heads and making a donation to the ALS Association.

The ALS Association are claiming ownership of the phrases, despite not creating the idea. Permission from the original creators was given to the ALS Association prior to the registrations being made. Other charitable organisations …

Continue Reading Ice Bucket “Challenge”

A photo taken in 2011 of a monkey grinning for the camera recently published by Wikipedia has sparked an interesting copyright debate. Although British photographer, David Slater, didn’t technically take the picture (the monkey did!) he does maintain that the picture is his property and that Wikipedia had no right to publish it. The publication of the picture by Wikipedia has apparently cost the photographer thousands of dollars in lost earnings.

Wikipedia, the free encyclopaedia that anyone can edit, only publish photos that are in the public domain as it is "a record of human knowledge, viewpoints and summaries that already exist and are expressed elsewhere". The photographer, spent time in Indonesia, followed the monkeys and set up the shot carefully so that the monkey could press the button and capture the picture. A spokesperson for Wikipedia has commented that nobody in fact owns the copyright as it can’t belong to the monkey and it has no human author in whom copyright is vested. Continue Reading Everyone is going bananas

The High Court in Schrems v Data Protection Commissioner (No.2) [2014] IEHC 351 has granted an order joining Digital Rights Ireland (DRI) as amicus curiae to the proceedings referred to the Court of Justice of the European Union (CJEU).

As reported in my earlier blog, the High Court has asked the CJEU whether the Data Protection Commissioner (DPC) is absolutely bound by the European Commission’s decision, that the Safe Harbour regime provides adequate protection for personal data, having regard to the subsequent entry into force of Articles 7 and 8 of the …

Continue Reading High Court allows DRI to join as amicus curiae to Facebook Privacy case