The IPKat BLOG – Page 18

In: The IPKat BLOG

EUIPO’s Board of Appeal: Motion mark for an opening window lacks distinctiveness and only shows a technical process

http://ipkitten.blogspot.com/2024/12/euipos-board-of-appeal-motion-mark-for.html Motion marks are assessed against the same standards as traditional types of marks. This means that simple movements of common objects are unlikely to be considered distinctive. They may even show technical features, which cannot be protected as trade marks, as a recent decision of the Board of Appeal... Continue reading
In: The IPKat BLOG

EUIPO Grand Board finds ‘MARICON PERDIDO’ to be contrary to accepted principles of morality

http://ipkitten.blogspot.com/2024/12/euipo-grand-board-finds-maricon-perdido.html Can the Spanish phrase ‘MARICON PERDIDO’, which roughly translates as ‘hopeless faggot’, be registered as a trade mark in relation to goods and services in the entertainment sector? Not according to the Grand Board of the European Union Intellectual Property Office (EUIPO), which held (R 2307/2020‑G) such an application... Continue reading
In: The IPKat BLOG

New French draft law on AI: Generated or not generated, that is the question

http://ipkitten.blogspot.com/2024/12/new-french-draft-law-on-ai-generated-or.html The subject of AI is pervasive to such an extent that it is impossible to avoid its influence [latest developments here , here, here or here]. Readers may recall that this Kat reported on the existence of a lacklustre draft law aimed at establishing a French copyright framework for... Continue reading
In: The IPKat BLOG

Friday Fantasies

http://ipkitten.blogspot.com/2024/12/friday-fantasies.html Already busy guarding the Christmas tree Another working week is coming to an end and, as usual, it’s time to catch up with events and opportunities in the IP world. Do take a look below and do not forget to regularly check our Events page as well! Events Artificial... Continue reading
In: The IPKat BLOG

[Guest post] Scope of protection? For ages, the French IP Code in misstep with Designs Directive

http://ipkitten.blogspot.com/2024/12/guest-post-scope-of-protection-for-ages.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg, Munich) on what appears a rather disturbing imbalance that he discovered when looking at how the French legislator adopted the provisions of the Directive 98/71/EC of the European Parliament and... Continue reading
In: The IPKat BLOG

Katcall: Openings for GuestKats and InternKats!

http://ipkitten.blogspot.com/2024/12/katcall-openings-for-guestkat-and.html Are you passionate about IP? We have exciting news for you! The IPKat is seeking Expressions of Interest (EOI) for GuestKat posts and looking for IP enthusiasts to fill InternKat positions. GuestKat and InternKat positions are six months (with the possibility of extension), and there are no geographical restrictions... Continue reading
In: The IPKat BLOG

General Court: The difficulty of proving acquiescence in EU trade mark law

http://ipkitten.blogspot.com/2024/12/general-court-difficulty-of-proving.html The fact that a trade mark has been registered without opposition is no free pass for the trade mark owner. Conflicts can arise years after registration. One of the defences that can be raised in EU trade mark law is acquiescence (Art. 61(1),(2) EUTMR). The threshold for this defence... Continue reading
In: The IPKat BLOG

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

http://ipkitten.blogspot.com/2024/12/never-too-late-if-you-missed-ipkat-last_9.html If you missed out on The IPKat last week, then join this Kat for a catch up on the latest IP cases, news, and opportunities. Image by Riana Harvey Trade Marks Jocelyn Bosse considered the Federal Court of Australia’s judgment in Caporaso Pty Ltd v Mercato Centrale Australia Pty... Continue reading
In: The IPKat BLOG

Italian language trade marks raise tough questions again in Australia

http://ipkitten.blogspot.com/2024/12/italian-language-trade-marks-raise.html Ten years after the well-known decision in Cantarella Bros v Modena Trading, the Federal Court of Australia has engaged with another case about the consumer understanding of trade marks with Italian language elements. On Friday, the Full Court delivered its judgment in Caporaso Pty Ltd v Mercato Centrale Australia Pty... Continue reading
In: The IPKat BLOG

CJEU rules on vertical direct effect of InfoSoc Directive and allows national courts to disapply incorrect national transpositions

http://ipkitten.blogspot.com/2024/12/cjeu-rules-on-vertical-direct-effect-of.html IPKat-approved vertical direct effect As students of EU law know, a key principle – which the now Court of Justice of the European Union (CJEU) recognized for the first time in the landmark 1963 judgment in Van Gend en Loos – is that of direct effect of EU law. Insofar... Continue reading