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IP Review

IP Review is a monthly round-up of what's going on in the world of IP, reporting on news regarding trademarks, patents, copyright, design rights and other forms of intellectual property from publications the world over.

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29 April: Google wins ‘thumbnail’ copyright infringement claim

Germany’s Federal Court of Justice has dismissed a case against Google which alleged that Google was infringing copyright by publishing photographs in search results. The court ruled that Google “was allowed to interpret the plaintiff’s behavior as agreeing to use her works in image searches.”

Businessweek
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29 April: Absolute Radio and Absolut Vodka settle

Absolute Radio and Absolute Vodka have settled their trademark dispute, in which Absolute Vodka was objecting to Absolute Radio’s use of the term Absolute on grounds of trademark infringement and passing off.

The Guardian
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28 April: ‘Master Farrier’ becomes a trademark

The term 'master farrier' became a trademark this week and can now only be used by associates and fellows of the Worshipful Company of Farriers (WCF).

Horse and Hound
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26 April: Ede & Ravenscroft sues for stolen client list

Tailor of distinction Ede & Ravenscroft is suing a former employee, claiming he stole information about its clients to help set up on his own. It is claiming £150,000 in damages.

This is London
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22 April: BNP facing Marmite legal action

A party political broadcast from the British National Party featuring a jar of Marmite has prompted Marmite’s owner, Unilever, to threaten taking an injunction out against the party.

BBC
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19 April: Costco/Swatch copyright infringement appealed

The U.S. Supreme Court is the hear Costco’s appeal against Swatch. Swatch claims Costco was unauthorized to sell its Omega branded watches in its discount outlets which Costco had purchased through the grey market, and was therefore infringing Omega’s copyright.

Reuters
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16 April: Salvador Dalí heirs win royalty payments

The ECJ has upheld a French law that gives five family members of the painter Salvador Dalí the right to royalty payments from the resale in France of art he bequeathed to Spain.

Irish Times
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14 April: North Face settles with South Butt

North Face, the outdoor clothing brand, has reached a settlement with school boy Jimmy Winkelmann who produced a range of clothing parodying North Face, called South Butt.

Denvor Post
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13 April: Pamela Anderson sued over ‘Muse’ trademark infringement

Pamela Anderson’s clothing range, named ‘A*Muse’, allegedly infringes a 2002 registered trademark owned by US clothing brand Maggy London International, ‘Muse’. Using ‘A*Muse’ is "a disingenuous effort to disguise their infringing activities," the lawsuit charges.

New York Post
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09 April: Sports Ministry objects to treading on ‘India’ trademark on wicket

The Indian Sports Ministry has written to Lalit Modi, commissioner of the Indian Premier League, requesting the removal of the ‘Building India’ tag line on the bowlers’ run-up, as treading on the word India ‘hurts public sentiment’ and shows disrespect to the name of the country.

Hindustan Times
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07 April: Bacardi wins Havana Club trademark dispute

After 13 years of disputing who owns the Havana Club trademark, a US District Judge has ruled that Pernod Ricard cannot prevent Bacardi from selling Havana Club branded in the US. Pernod sells Havana Club branded rum outside the US and Bacardi within.

The Drinks Business
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04 April: Maker’s Mark wins trade dress dispute

Fortune Brands’ Marker’s Mark has won its dispute with Diageo’s Cuervo. The judge ruled that Maker’s Mark’s wax seal coating is a well-known and valid trademark and Cuervo may not use it on any of its Tequila products.

Marketwatch
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