Posted on Categories creative industry

“Dungeons” similar to “Dungeons & Dragons”

Are computer games still a niche product, or have they entered the mainstream? The possibility of registering a trademark similar to an earlier mark turns on this issue.

Kalypso Media Group GmbH v EUIPO, Case T‑700/18 (judgment of the General Court of 10 October 2019)

The computer game industry is one of the fastest-growing sectors of the economy, in Poland as elsewhere. Dynamic growth carries the risk of disputes affecting various aspects of gaming.

A case recently reached the docket of the General Court (a division of the Court of Justice of the European Union) concerning the application for registration of an EU trademark for the word sign DUNGEONS by Kalypso Media Group GmbH. The application was opposed by Wizards of the Coast LLC, proprietor of the earlier EU word mark DUNGEONS & DRAGONS. The European Union Intellectual Property Office upheld the opposition and denied registration of DUNGEONS, finding that there was a likelihood of confusion with the earlier mark DUNGEONS & DRAGONS.

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Posted on Categories e-commerce

Online platforms to undergo a revolution in 2018?

According to a Eurobarometer survey, 42% of EU-based SMEs – sellers, game companies or for instance online travel agents – use online platforms to sell their products and services. As many as 82% of these firms use search engines on these platforms to promote their products and services.

Online platforms are a huge force driving the e-economy, through which SMEs have unlimited access to millions of prospective customers. They are becoming increasingly important as vital go-betweens in online transacting of business. The operators of these online platforms are well aware of this and frequently exploit this reliance in platform-to-business relationships with firms offering their products and services to end customers.

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Posted on Categories blockchain, creative industry

Will the blockchain stir up intellectual property agreements?

Conversation with Monika A. Górska and Lena Marcinoska of the Intellectual Property Practice at Wardyński & Partners about whether the blockchain may be regarded as a new area of use.

Newtech.law: Blockchain based solutions are developing rapidly in various sectors of the economy. Have they also entered the creative sectors?

Monika A. Górska: Definitely. DLT technology may be used successfully to record intellectual property rights and to register transactions involving creative work. Moreover, most computer programs are written today with a blockchain project capability.

Newtech.law: Does the arrival of blockchain-based solutions give rise to any problems with copyright agreements?

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