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The IPKat BLOG

  • In: The IPKat BLOG

    [Guest post] What is an NFT? A comment to the EUIPO Guidance on NFTs

    http://ipkitten.blogspot.com/2022/07/guest-post-what-is-nft-comment-to-euipo.html Katfriend Paolo Maria Gangi (Studio Gangi) is back with another guest contribution on the EUIPO’s recent guidance on trade mark applications for NFTs.  Here’s what Paolo Maria writes:-  [Guest post] What is an NFT? A comment to the EUIPO Guidance on NFTs  by Paolo Maria Gangi As The IPKat... Continue reading

     
  • In: The IPKat BLOG

    ERA and Maastricht University launch new European Patent Litigation Certificate

    http://ipkitten.blogspot.com/2022/07/era-and-maastricht-university-launch.html Student life presents its challenges … It looks like, after quite some time, the Unified Patent Court is soon to become a reality. The always-busy Katfriends at the Academy of European Law (ERA) in Trier have thus informed The IPKat that they are launching – in collaboration with Maastricht... Continue reading

     
  • In: The IPKat BLOG

    Sweet respite for Cadbury as the High Court partially upholds its appeal

    http://ipkitten.blogspot.com/2022/07/sweet-respite-for-cadbury-as-high-court.html By GuestKats Becky Knott and Jan Jacobi.     This Kat getting up close and personal to the colour purple          The saga of Cadbury v Nestlé has been one of the highest profile, longest-running disputes in the trade mark world. The colour purple has been central... Continue reading

     
  • In: The IPKat BLOG

    Is it bad faith to “pay homage” to a fashion brand of the past? Not necessarily, says the EU General Court

    http://ipkitten.blogspot.com/2022/07/is-it-bad-faith-to-pay-homage-to.html There are brands that, after a successful run, fall into oblivion. Then, several years later, they are revived and experience renewed success. From an IP perspective, it might be the case that – together with the oblivion these brands fall into – the related trade mark registrations lapse too.... Continue reading

     
  • In: The IPKat BLOG

    EUIPO sets out guidelines for trade marks relating to virtual goods and NFTs

    http://ipkitten.blogspot.com/2022/07/euipo-sets-out-guidelines-for-trade.html As noted by GuestKat Becky Knott in her earlier post (here), brand owners have been very active in protecting their brands through attempts to secure trade mark registrations in response to the rise of the Metaverse.  In recent months, this Kat has been seeing a lot of discussions on... Continue reading

     
  • In: The IPKat BLOG

    Of geographical indications and their reputation

    http://ipkitten.blogspot.com/2022/07/of-geographical-indications-and-their.html This Kat has recently assisted to a “Track Case Law” webinar, delivered by speakers from the Boards of Appeal (BoA) of the EUIPO. The webinar covered latest judgments of the BoA, General Court (GC) and Court of Justice of the European Union (CJEU). During the discussion, the speakers raised... Continue reading

     
  • In: The IPKat BLOG

    Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20)

    http://ipkitten.blogspot.com/2022/07/artificial-intelligence-is-not-breaking.html The EPO Board of Appeal has published its full decision on the question of whether a machine can be an inventor (J 8/20). The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm (“DABUS”) as the sole inventor at the end of... Continue reading

     
  • In: The IPKat BLOG

    Unconventional fashion trade marks: how easy is it to register them? [Spoiler: not so much]

    http://ipkitten.blogspot.com/2022/07/unconventional-fashion-trade-marks-how.html This week I attended the IP Case Law Conference, organized by the European Union Intellectual Property Office in what was factually accurate and often referred to during the 2-day event as “sunny Alicante”. This year’s edition also celebrated the 25 years of the EUIPO Boards of Appeal. The conference,... Continue reading

     
  • In: The IPKat BLOG

    EUIPO Fifth Board of Appeal considers Absolut’s vodka bottle distinctive enough to be a trade mark

    http://ipkitten.blogspot.com/2022/07/euipo-fifth-board-of-appeal-considers.html Three-dimensional marks are notoriously difficult to register. Concern is often expressed that design rights that are limited in time may be unduly extended in perpetuity through trade mark registrations and thus extended to create a monopoly for a particular shape. All this said whether or not a three-dimensional shape... Continue reading

     
  • In: The IPKat BLOG

    Patient compliance and the broken technical chain fallacy (T 0752/19)

    http://ipkitten.blogspot.com/2022/07/patient-compliance-and-broken-technical.html A recent interesting case from the EPO Boards of Appeal (T 0752/19) straddled the technical fields of pharmaceuticals and computer-implemented methods. The case considered whether an overall technical effect could be found in a known drug combo for use in the treatment in combination with a computer program for improving... Continue reading

     
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