Lionel Andrés Messi Cuccittini, one of the World’s best soccer players has now yet another cause for celebration, as he has now been allowed to register his own trademark for selling sports equipment and clothing.
Messi filed an application in August 8, 2011, to register the above trademark design. It covers classes 9, 25 and 28. This trademark received an opposition from J.M.-E.V. E HIJOS, S.R.L., owner of trademark MASSI for cycling clothes and gear, and sports related goods in general, in classes 9, 12, 18, 25, 28 and 35.
This opposition was admitted by the European Union IP Office (EUIPO), and consequently Messi’s application was rejected, arguing that MESSI and MASSI were almost identical, visually and phonetically. Needless to say, an appeal was promptly filed against this resolution.
After years of procedures, the European Union’s General Court ruled in favor of Messi, asserting that his “fame counteracts the visual and phonetic similarities” with the prior mark MASSI.
The General Court also pointed out that “The degree of similarity between the marks is not sufficiently high to accept that the relevant public may believe that the goods at issue come from the same undertaking or, as …Read More
The interaction of Personal Data Protection and Artificial Intelligence (AI) becomes particularly interesting when issues arise from the use of personal data with AI.
The new General Data Protection Regulation (GDPR) of the European Union (EU), which entered into force on 25 May 2018, aims to give control to citizens of and residents in the EU over their personal data.
Regarding AI, in particular, GDPR aims to create transparency rights and safeguards against automated decision-making, meaning decisions that are made by machines when personal data is used.
In essence, GDPR states that:
When companies collect personal data, they have to say what it will be used for, and not use it for anything else.
Companies are supposed to minimize the amount of personal data they collect and keep, limiting it to what is strictly necessary for those purposes stated. They also are supposed to put limits on how long they hold that data, too.
In short, companies must tell people what data they hold on them, and what’s being done with it.
Companies should be able to alter or get rid of people’s personal data if requested.
If personal data is used to …Read More
On April 26, 2018, the United Kingdom announced that it deposited the instruments of ratification for the Agreement relating to the Unified Patent Court (UPCA). This now brings the total number of ratifications to sixteen in Europe.
The ratification by the UK makes a decisive step closer to achieving the entry Unitary Patent into force. This new European patent will support innovation in Europe with simplified administration, reduced costs and greater legal certainty.
For the Unitary Patent to enter into force, the UPC Agreement needs to be ratified by thirteen of the 26 participating EU Member States (all EU countries except Croatia and Spain), including France, Germany and the UK as the countries with the largest numbers of European patents in force. While the necessary number of ratifications had already been achieved in 2017, the ratification of Germany is the only one from the big countries still outstanding.
There is a pending complaint against the UPC Agreement at the Federal Constitutional Court of Germany. The German constitutional complaint against ratification of the Unified Patent Court Agreement is on the list of cases to be decided by the “Bundesverfassungsgericht”, the Federal Constitutional Court of …Read More