The IPKat BLOG – Page 100

In: The IPKat BLOG

Non-infringement declaration for alleged design infringement in Germany: not in Italy, says Italian Supreme Court

http://ipkitten.blogspot.com/2023/06/non-infringement-declaration-for.html On 17 May 2023, the Italian Supreme Court ruled on the lack of jurisdiction of Italian courts regarding requests for declaration of non-infringement of International Registered Designs (IRDs) as well as for declaration on non-infringement of unfair competition rules in relation to an alleged infringement occurred outside of... Continue reading
In: The IPKat BLOG

CJEU: Counterclaim for invalidity/revocation has the same scope as an application with EUIPO

http://ipkitten.blogspot.com/2023/06/cjeu-counterclaim-for.html In its latest judgment, LM (Demande reconventionnelle en nullité) (case C-654/21), the CJEU had the opportunity to further develop its case law on counterclaims for invalidity and revocation in response to an infringement action of an EU trade mark (see Art. 124(d) EUTMR and Art. 128 EUTMR). Background The... Continue reading
In: The IPKat BLOG

Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2023/06/never-too-late-if-you-missed-ipkat-last_20.html Is it a banana ? Is it art ? Where is the tape ? If you missed last week’s posts, it’s not too late to catch up. Copyright Eleonora Rosati reported that the artist Maurizio Cattelan prevailed in a copyright infringement lawsuit concerning his work “Comedian”. Hayleigh Bosher focused... Continue reading
In: The IPKat BLOG

What trade mark disclaimers have to do with distinctiveness…or not?

http://ipkitten.blogspot.com/2023/06/what-trade-mark-disclaimers-have-to-do.html It is generally understood in trade mark jurisprudence that distinctiveness is a hallmark of trade mark registration and protection. In this regard, trade mark disclaimers exist to ‘free up’ non-distinctive and/or insufficiently distinctive parts of a trade mark while saving the parts of such mark that are distinctive. Following... Continue reading
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Applying G 2/21: Preliminary opinion from the referring Board of Appeal on post-filed evidence appeal (T 0116/18)

http://ipkitten.blogspot.com/2023/06/applying-g-221-preliminary-opinion-from.html Earlier this year, the Enlarged Board of Appeal (EBA) published its decision G 2/21 on the issue of post-published evidence. The question in G 2/21 was whether post-published evidence can be used to support a purported technical effect relied on for inventive step. In G 2/21, the EBA reiterated existing case law that,... Continue reading
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Book review: Intellectual Property Excesses

http://ipkitten.blogspot.com/2023/06/book-review-intellectual-property.html This is a review of Intellectual Property Excesses: Exploring the Boundaries of IP Protection, edited by Enrico Bonadio (City University London) and Aislinn O’Connell (Royal Holloway University of London). As the title suggests, this edited collection assembles examples of disputes that highlight IP at its most extreme, taking it... Continue reading
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Spotify, Sony Music and Streamz challenge the Belgium’s copyright reform in front of the Constitutional Court

http://ipkitten.blogspot.com/2023/06/spotify-sony-music-and-streamz.html On June 19, 2022, Belgium adopted a copyright law that transposed Directive (EU) 2019/790 into the Belgian Code of Economic Law. This copyright reform entered into force on August 1, 2022. Some of its provisions have now been challenged in front of the Belgian Constitutional Court. Of particular note... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2023/06/sunday-surprises_18.html Here’s the latest events, opportunities, and miscellany from the IPKat. A Kat ready to grab a new job opportunity Job opportunity: Legal Officer WIPO is currently looking to recruit a legal officer. Click here to apply. Postgraduate Diploma/MA in UK, EU, and US Copyright Law Online Course Informa... Continue reading
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The IPKat: UK Economics of Streaming updates

http://ipkitten.blogspot.com/2023/06/the-ipkat-uk-economics-of-streaming.html Readers may have been following the IPKat reporting on the UK Economics of Music Streaming Inquiry [background here, previous update here]. Progress continues to be made and here are the latest developments: Progress! Music to our ears.Image: Riana Harvey Meta Data Agreement As part of the Industry Working Group... Continue reading
In: The IPKat BLOG

Going (copyright) bananas: Maurizio Cattelan prevails in copyright infringement lawsuit over Comedian

http://ipkitten.blogspot.com/2023/06/going-copyright-bananas-maurizio.html “Perhaps I’ll be remembered in history as the banana imbecile”, summed up provocative and uber-creative artist Maurizio Cattelan in a recent interview with Italian newspaper Corriere della Sera. I personally love everything by Cattelan and among other things I did enjoy the recent exhibition in Florence about his and... Continue reading