Trade Marks and Invisible Use

I gave a talk today on Trade Marks and Invisible Use.

Here is the PDF of my talk.

I found a lot of useful information at this site.

There was even a link to the Wilson v Yahoo! case I appeared in for Bird and Bird. Which was nice.

I guarantee we haven't heard the last of Invisible Use.

Precision Bees

I came across this 1933 Trade Mark registration for Daimler - familiar to us all as the makers of Mercedes-Benz cars.

It's registered in respect of a range of goods and services including, unsurprisingly,

"Class 12: Vehicles for locomotion by land; bathchairs."

Well actually "bathchairs" is a bit of a surprise. But not as big a surprise as the fact that it is also registered for:

Class 20: Beehives.

For the discerning executive apiarist no doubt.

Land of Hope and Glory

Sometimes I am reminded of why the law is more than just state provided business dispute resolution:

Check out Lord Justice Moses in deciding that there should be a review of the SFO decision to drop its investigation into BAE, at paragraph 171:

"No-one, whether within this country or outside is entitled to interfere with the course of our justice. It is the failure of Government and the defendant to bear that essential principle in mind that justifies the intervention of this court."

Or check out Lord Hoffman in A v Home Secretary:

"My Lords,

81. On 23 August 1628 George Villiers, Duke of Buckingham and Lord High Admiral of England, was stabbed to death by John Felton, a naval officer, in a house in Portsmouth. The 35-year-old Duke had been the favourite of King James I and was the intimate friend of the new King Charles I, who asked the judges whether Felton could be put to the rack to discover his accomplices. All the judges met in Serjeants' Inn. Many years later Blackstone recorded their historic decision:


"The judges, being consulted, declared unanimously, to their own honour and the honour of the English law, that no such proceeding was allowable by the laws of England".

82. That word honour, the deep note which Blackstone strikes twice in one sentence, is what underlies the legal technicalities of this appeal. The use of torture is dishonourable. It corrupts and degrades the state which uses it and the legal system which accepts it. When judicial torture was routine all over Europe, its rejection by the common law was a source of national pride and the admiration of enlightened foreign writers such as Voltaire and Beccaria. In our own century, many people in the United States, heirs to that common law tradition, have felt their country dishonoured by its use of torture outside the jurisdiction and its practice of extra-legal "rendition" of suspects to countries where they would be tortured: see Jeremy Waldron, Torture and Positive Law: Jurisprudence for the White House 105 Columbia Law Review 1681-1750 (October, 2005)

83. Just as the writ of habeas corpus is not only a special (and nowadays infrequent) remedy for challenging unlawful detention but also carries a symbolic significance as a touchstone of English liberty which influences the rest of our law, so the rejection of torture by the common law has a special iconic importance as the touchstone of a humane and civilised legal system. Not only that: the abolition of torture, which was used by the state in Elizabethan and Jacobean times to obtain evidence admitted in trials before the court of Star Chamber, was achieved as part of the great constitutional struggle and civil war which made the government subject to the law. Its rejection has a constitutional resonance for the English people which cannot be overestimated.

84. During the last century the idea of torture as a state instrument of special horror came to be accepted all over the world, as is witnessed by the international law materials collected by my noble and learned friend Lord Bingham of Cornhill. Among the many unlawful practices of state officials, torture and genocide are regarded with particular revulsion: crimes against international law which every state is obliged to punish wherever they may have been committed.

85. It is against that background that one must examine the Secretary of State's submission that statements obtained abroad by torture are admissible in appeals to the Special Immigration Appeals Commission ("SIAC") under section 25 of the Anti-terrorism, Crime and Security Act 2001."

Tell me you don't feel a stirring in your breast...

I also quite like Hoffman in the earlier A v Home Secretary

My Lords,
86. I have had the advantage of reading in draft the speech of my noble and learned friend Lord Bingham of Cornhill and I gratefully adopt his statement of the background to this case and the issues which it raises. This is one of the most important cases which the House has had to decide in recent years. It calls into question the very existence of an ancient liberty of which this country has until now been very proud: freedom from arbitrary arrest and detention. The power which the Home Secretary seeks to uphold is a power to detain people indefinitely without charge or trial. Nothing could be more antithetical to the instincts and traditions of the people of the United Kingdom.

I want never gets...

I just do want an iphone. I had a go on one on a recent trip to America and they are every bit as beautiful and as intuitive to use as one might have expected from Apple. Sure they have their flaws but for an early adopter like myself these are far outweighed by the joy of flaunting.

While we are about it, I still hanker after a truly mobile PC. The trouble with them is, however, not the hardware but the software. Until you can pull it out of your bag, open it and be typing away in under 3 seconds they will never be as all round useful as a piece of paper.

Another list of tips...

There are too many lists of top tricks and tips for PC users. Most of them are a rehash of the same old points but this one is both detailed and good.

Of course some of it is the same old stuff we have seen before but even then it is good to be reminded that there are useful powertoys out there that should be downloaded.

I haven't yet finished playing with tweakui. I doubt I ever will.

Legal Andrew

Legal Andrew is a blog dedicated to "productivity ideas for the legal world". A man after my own heart. He's got all manner of tips, links and helpful ideas for improving your productivity and for making technology work for the lawyer.

Check it out.

He's an advocate of killing your mouse, which sounds either cruel or kinky - but is in fact merely about how to get along with just your keyboard. A policy that I think has much to recommend it for speed and efficiency. (It's also good if your Logitech rechargeable mouse has failed to recharge... something that is always happening and makes me grind my teeth with frustrated rage. Stupid Logitech.)

Even if you don't want to go all the way there are still a lot of helpful keyboard shortcuts to absorb.

Yeda v Rhone-Poulenc in the House of Lords

I know you all love the mindmaps.

So here is Yeda v Rhone-Poulenc [2007] UKHL 43 in the House of Lords.

As a Mindmap. (Right click and "save target location".)

And as a webpage.

Enjoy.