In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/how-do-you-cancel-degenerated-trade.html It happens that sometimes trade marks get registered although they are non-distinctive. Both the EU Trade Mark Regulation and Directive provide for invalidity actions to cancel such marks upon request of any third party. However, if the trade mark has been registered for an extended period of time, it... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/identifying-problem-without-hindsight-t.html Hindsight is the pernicious and ever present enemy of patentees. However one may strive for objectivity in inventive step analysis, it can be difficult to overcome the inevitable prejudice that comes with being told the solution to a problem (“it just seems so obvious now you say it!”). In the recent... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/can-charlie-chaplins-character-charlot.html In the era of silent films, Charlie Chaplin did rise to become a worldwide icon through his screen persona, the Tramp (Charlot in several languages). It may therefore come as no surprise that companies, to this day, attempt to monetize in his iconic image. In a decision (only available... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/never-too-late-if-you-missed-ipkat-last_19.html Here’s the latest weekly summary of the different topics analysed by the Kats in last week’s posts. Trademarks Image by Riana Harvey Puma or Rolex – Which is more famous? Marcel Pemsel discussed in his post the challenging question linked to trade mark scope of protection and to the influence... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/are-watches-and-clothing-dissimilar.html Are watches and clothing dissimilar goods? Yes, says the GC The question of similarity among some of the goods included in classes 25 and 14 is often challenged when opposing trade mark applications. The issue has come several times before EU authorities, most recently before the General Court in... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/guest-post-bayc-sues-ryder-ripps-over.html The IPKat is pleased to host the following guest post by Katfriend Paolo Maria Gangi (Studio Gangi) as a “sequel” to his earlier IPKat post discussing the lawsuit brought by BAYC against Ryder Ripps. Here’s what Paolo writes: BAYC sues Ryder Ripps over unauthorized minting of NFTs – Part... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/gold-standard-test-for-novelty-reigns.html The Board of Appeal decision in T 1688/20 rejects the usual tests for assessing the novelty of subranges, in favour of applying the Gold Standard test of novelty. In doing so, the Board of Appeal diverges from the established case law and Guidelines for Examination on the novelty of subranges.... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/guest-book-review-tritton-on.html This book review is brought to you by Rosie Burbidge, London based IP partner at Gunnercooke. Find out more about Rosie here. Tritton on Intellectual Property in Europe is now in its Sixth Edition. This weighty tome from Sweet & Maxwell is edited by Richard Davis, Thomas St Quintin... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/guest-post-no-small-feat-converse-wins.html The IPKat has received and is pleased to host a new contribution by former GuestKat Jan Jacobi. Here’s what Jan writes: No small feat: Converse wins Dutch Supreme Court case on trade mark exhaustion by Jan Jacobi As explained in an earlier blog, proving trade mark exhaustion (within the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/01/another-case-of-catastrophic-comma-loss.html The Board of Appeal in the recent decision T 1473/19 revoked a patent for added matter following a normal interpretation of the claims that lacked basis in the description. The discrepancy between the meaning of the claims and the description was the result of a loss of commas delineating a crucial sub-clause... Continue reading
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