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Intellectual Property & Anti-Counterfeiting

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
Intellectual Property & Anti-Counterfeiting

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
Intellectual Property & Anti-Counterfeiting

What Can You Legally “Watch Free Online” and When?

Putlocker. BitTorrent. PirateBay. Napster. Mediafire.Ring any bells?We'll bet they do.Generally, most people have a pretty acute gut sense about when something is a little too good to be legal. It's just that, generally, most people ignore it – nip the burgeoning weed of guilt in the bud – and get on with their lives as though nothing is wrong.So, is your gut on to something?You may or may not be "most people", but you may yet be surprised to discover precisely what the law of copyright has to say about what you do online. For instance, you would probably think nothing of…
Jonathan Tonna
13th February 2018
Intellectual Property & Anti-Counterfeiting

What is the Public’s Perception of Piracy and Counterfeiting in Europe?

The European Union Intellectual Property Office (EUIPO) * has carried out a survey to gauge the perceptions and various sentiments held by EU citizens towards intellectual property rights, which encompass various aspects such as trademarks, designs, patents, copyright and the registration and protection of such.** The survey collected the views of over 26,500 people aged 15 and over across all 28 EU Member States, including Malta. THE EUIPO had also conducted a similar survey in 2013, the results of which have been complemented by this more recent survey. Comparisons to the 2013 survey allow for an insight into how the public…
Antoine Camilleri
5th May 2017
Intellectual Property & Anti-Counterfeiting

Mamo TCV Participates in Malta EU Presidency Conference on IPR Enforcement

On 2nd March 2017, an international conference on IPR enforcement was held at the Corinthia Hotel in St. George's Bay, St Julian's, Malta. The conference was organised by the Maltese Presidency of the EU Council, Malta Customs and the European Observatory on Infringements of Intellectual Property Rights (EUIPO). A number of prominent representatives from various institutions and bodies participated in the event (including the European Commission, UNIFAB, the EUIPO, INTA as well as the US attache' to the EU). Mamo TCV Advocates was represented by Dr. Claude Micallef-Grimaud from the firm's Intellectual Property (IP) Department who delivered a presentation on…