Can Blockchain be a ‘reasonable step’ to keep trade secrets safe?

Guest post by Alessio Balbo*

Blockchain and trade secrets: an interesting combination, surely, but how do they fit? It is worth to mention that know-how and trade secrets are among those intangible assets which have historically been difficult to protect for companies, as they do not fall under the scope of the more classical intellectual property rights, by nature (actually, by law) easier to protect or to enforce. A classic example of a trade secret is the Coca-Cola recipe, kept secret for generations of CEOs, and is apparently often changed, as the rumours whisper. This example shows the importance of trade secrets and the investments that companies make in order to protect such valuable information.  Continue reading “Can Blockchain be a ‘reasonable step’ to keep trade secrets safe?”

Supreme Court rules that ISPs should not bear costs for the implementation of website-blocking injunctions in trade mark infringement cases

Guest post by William Wortley*

Last week, the Supreme Court ruled in Cartier International v BT and another that the costs of implementing injunctions against internet service providers (ISPs), ordering them to block access to websites selling trademark infringing goods, should be borne by IP rightsholders rather than ISPs. The landmark decision overturns the High Court decision, upheld in the Court of Appeal, and raises questions about the scope of the decision and the potential impact on rightsholders moving forward. Continue reading “Supreme Court rules that ISPs should not bear costs for the implementation of website-blocking injunctions in trade mark infringement cases”

“Colour” your rights or not?

Guest post by Florica Rus*

Over the years, many companies have sought trade mark protection for colours or colour combinations. This strategy turned out to be not a plain sailing.

Since Libertel – C-104/01 and Heidelberger Bauchemie – C-49/02 judgments, colours are recognised as a factor that may lead consumers to a purchasing decision. However, colours are considered to have a limited capacity to communicate an indication of origin to the consumers and being distinctive is not their strength.

On 22 July 2017, the General Court held that three identical rectangular coloured stripes do not make the mark distinctive enough to fulfil the commercial origin function (T-612/15). The figurative mark applied for – EUTM 012880481 (three stripes colour) for goods in classes 18, 25 and 26, was found to be neither distinctive nor to have acquired distinctiveness through use. The Court illustrated that consumers in the fashion sector are not used to identify the origin of the product based on a colour and three coloured stripes will not be apprehended as an indicator of origin. Continue reading ““Colour” your rights or not?”