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Aargh, gosh we lost the appeal! Can a US corporation selling construction software only in the Americas under the name ARGOS be sued for infringement of a registered trade mark by a UK based consumer goods retailer who trades mainly in the UK and Ireland under the same name? This question is posed by Floyd LJ in the introduction to the Court of Appeal decision on the Argos Ltd v Argos Systems Inc [2018] EWCA Civ 2211 . The formulation of the question may make it easy to guess the Court of Appeal's ultimate decision. Background The IPKat report on the High Court decision is available here .  Broadly speaking, the dispute concerns the domain name argos.com and Google's AdSense programme. Floyd LJ handily describes this programme as follows: Google AdSense allows website operators to contract with Google to provide space on members' ("partners'") websites to display advertisements ("ads" for short). Google has a further programme known as AdWords, whic...

Catch-up with the latest developments in IP, with the 200th edition of Never Too Late! This week's highlights include a report on algorithmic fashion and a perspective on the KitKat shape-mark case.  GuestKat Mirko Brüß reports on the latest referral from the German Federal Court of Justice (FCJ) to the CJEU, on the questions of platform liability and the right of communication to the public. The case, which has been going on since 2009, concerns a lawsuit between the music producer Frank Peterson and YouTube (and Google). Peterson is seeking damages from YouTube and Google because certain videos remained available on YouTube, even after Peterson had asked the platform to remove the content:  BREAKING: FCJ refers case regarding YouTube’s liability for damages to the CJEU . Kat Eleonora Rosati   explores the growing trend for fashion houses to produce garments that consumers already want, so called "algorithmic fashion". Eleonora considers how this is achiev...