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Unconventional Trademarks Post-KitKat: The CJEU’s Standard of Proof for Acquired Distinctiveness Explained Intellectual Property

Unconventional Trademarks Post-KitKat: The CJEU’s Standard of Proof for Acquired Distinctiveness Explained

Many people will by now have heard of Nestle's loss at the EU's highest court, marking the end of a long and arduous battle to secure EU-wide trademark protection over the four-trapezoidal-fingered shape of their famous KitKat bar.It's not often that trademark cases make the headlines across mainstream media, making this all very exciting for IP lawyers. But the whole thing did seem, at points, rather more like a race to get that "No Break for KitKat" pun-title out asap than an accurate assessment of the legal implications of the Court of Justice's ("COJ") most recent decision. Were matters different,…
Jonathan Tonna
31st August 2018
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Trademarking Shape-Colour Combinations: The CJEU Pronounces Itself on Christian Louboutin’s Famous Red Sole Intellectual PropertyNews

Trademarking Shape-Colour Combinations: The CJEU Pronounces Itself on Christian Louboutin’s Famous Red Sole

Some readers may be familiar with the 2011 case filed by Mr. Louboutin against fashion giants Yves Saint Laurent over the former's US trademark registration for his famous red sole.Here is one of the more well-known representations of the mark, as filed with trademark authorities the world over: The New York District Court, adopted a view to which fashion lovers might be more inclined – namely that:"The law should not countenance restraints that would interfere with creativity and stifle competition by one designer, while granting another a monopoly invested with the right to exclude use of an ornamental or functional…
Jonathan Tonna
19th June 2018
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Trademarking Shape-Colour Combinations: The CJEU Pronounces Itself on Christian Louboutin’s Famous Red Sole Intellectual PropertyNews

Trademarking Shape-Colour Combinations: The CJEU Pronounces Itself on Christian Louboutin’s Famous Red Sole

Some readers may be familiar with the 2011 case filed by Mr. Louboutin against fashion giants Yves Saint Laurent over the former's US trademark registration for his famous red sole.Here is one of the more well-known representations of the mark, as filed with trademark authorities the world over: The New York District Court, adopted a view to which fashion lovers might be more inclined – namely that:"The law should not countenance restraints that would interfere with creativity and stifle competition by one designer, while granting another a monopoly invested with the right to exclude use of an ornamental or functional…
Jonathan Tonna
19th June 2018
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Second Reading in Parliament for Blockchain Bills: The Malta Digital Innovation Authority Act Telecoms, Media & Technology

Second Reading in Parliament for Blockchain Bills: The Malta Digital Innovation Authority Act

The spearhead of Malta's new three-pronged legal regime on innovative technology arrangements and cryptocurrencies, the Malta Digital Innovation Authority Bill (the "Bill"), was presented to Parliament for its second reading, marking a fundamental step towards a new legislative milestone in Malta's efforts to become a trailblazer in the global blockchain revolution. Once promulgated, the new Act will lay down the guiding principles of the soon-to-be-formed public body charged with the duty of promoting and developing Malta's new born innovative technology sector.The Malta Digital Innovation Authority ("MDIA") will be responsible for the certification of innovative technology arrangements and service providers in…
Jonathan Tonna
22nd May 2018
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Second Reading in Parliament for Blockchain Bills: The Malta Digital Innovation Authority Act Telecoms, Media & Technology

Second Reading in Parliament for Blockchain Bills: The Malta Digital Innovation Authority Act

The spearhead of Malta's new three-pronged legal regime on innovative technology arrangements and cryptocurrencies, the Malta Digital Innovation Authority Bill (the "Bill"), was presented to Parliament for its second reading, marking a fundamental step towards a new legislative milestone in Malta's efforts to become a trailblazer in the global blockchain revolution. Once promulgated, the new Act will lay down the guiding principles of the soon-to-be-formed public body charged with the duty of promoting and developing Malta's new born innovative technology sector.The Malta Digital Innovation Authority ("MDIA") will be responsible for the certification of innovative technology arrangements and service providers in…
Jonathan Tonna
22nd May 2018
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Funny Business – Intellectual Property Law Through the Prism of Comedy Intellectual Property

Funny Business – Intellectual Property Law Through the Prism of Comedy

Anybody with an acute sense of justice knows what intellectual property is, yet I daresay many IP lawyers can probably relate to the unique sense of embarrassment which typically follows that all too familiar question:"So … what do you do for a living?"Now, you know what comes next for Mr. IP Attorney - the strained beginnings of a response, the awkward backtrack and pause as he tries to squeeze out some brief, accurate yet comprehensible answer to the common follow-up question:"What is Intellectual property?"The problem is of course aggravated by the fact that the most basic of questions often becomes…
Jonathan Tonna
8th May 2018