Showing posts from February, 2020

Artificial Intelligence -The DABUS Decisions

Jane Lambert

According to The Artificial Inventor Project website's FAQ page, "DABUS" stands for "Device for Autonomous Bootstrapping of Unified Sentience".  The "About the Team" page of the same website states that DABUS was created by Dr Stephen L Thaler.  Dr Thaler has applied for European patents for two inventions that were invented by DABUS, namely a food container (application number 18275163) on 17 Oct 2018 and devices and enhanced devices and methods for attracting enhanced attention (application number 18275174) on 7 Nov 2018.

In Artificial Intelligence and Intellectual Property27 Dec 2019 I mentioned a press release dated 20 Dec 2019 stating that the EPO had refused those patent applications (see EPO refuses DABUS patent applications designating a machine inventor20 Dec 2019). The press release added:

'After hearing the arguments of the applicant in non-public oral proceedings on 25 November the EPO refused EP 18 275 163 and EP 18 275 1…

Trade Marks - Red Bull GmbH v Big Horn UK Ltd and Others

Jane Lambert

Chancery Division (Kelyn Bacon QC) Red Bull GmbH v Big Horn UK Ltd and others [2020] EWHC 124 (Ch) (30 Jan 2020)

This was a claim by Red Bull GmbH against Big Horn UK Ltd. and its sole director Lyubomir Enchev. for infringement of the following European trade marks: EU003629342, EU000052746 and EU001564301  Red Bull complained that the defendants had distributed a drink in Bulgaria and the UK that has been manufactured by a Polish company under the signs that appear in the right-hand column of the table in paragraph 6 of the transcript.  The action came on for trial before Kelyn Bacon QC between 15 and 17 Jan 2020. The learned deputy judge gave judgment to the claimant on 30 Jan 2020.

Red Bill alleged that Big Horn and Mr Enchev had infringed its rights under art 9 (2) (b) and (c) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version) (Text with EEA relevance) OJ L 78, 24.3.2009, p. 1–42  In respect of the claim under art …