Image by Riana Harvey

 

Trade marks

Anna Maria Stein considered the age-old question: is an inverted cow vegan? In a decision by the EUIPO, an application for the registration of an image of an inverted cow for products excluding the presence of meat was refused for having a deceptive character and a lack of distinctiveness.

Nedim Malovic commented on a recent EU General Court decision holding that when a trademark applicant is acting in bad faith, all the relevant factors specific to the particular case at the time of filing the EU trade mark must be taken into consideration.

Marcel Pemsel reported on three decisions by the German Patent Court regarding 3D trade marks for twisted string cheese, where the Court considered the shape, descriptiveness of the sign, and distinctiveness of the sign in deciding whether these marks were descriptive yet distinctive.

 

Other

Guest Contributor Guillem Gabriel-Pizarro analysed the Directive Proposal 2022/0408/COD, which aims to harmonise certain aspects of insolvency law. The key points to note are on assignment (allowing debtors to transfer without consent executory contracts that are necessary for the business, in whole or in part, to be sold), and the termination of IP licenses.

Katfriends Hanne Kirk and Paul Sina reported on a Danish Supreme Court judgement on copyright and parody regarding the Little Mermaid, and whether parody encouraging public debate on societal matters is safeguarded under the freedom of speech.

The IPKat is pleased to announce that the ‘GRUR meets Brussels’ conference is returning on 13 June 2023 and IPKat readers are entitled to receive a 30% discount in the registration fee. To claim the discount, readers should email Sandra von Lingen ([email protected]) and use “IPKAT” in the subject-line.

Henry Yang reported the inauguration of the Unified Patent Court in Luxembourg, and described both the Court and its jurisdiction.

The IPKat is pleased to inform readers that the European Pharma Law Academy, organized by Informa, is returning this year. Like previous editions, IPKat readers are entitled to a 15% discount in the registration fee by using VIP code FKW83543IPKE at checkout.