In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/latest-battle-in-war-of-roses-almost.html Things are not looking rosy for some Texan nurseries after the latest ruling in David Austin Roses Ltd. v. GCM Ranch LLC. The US District Court for the Northern District of Texas (Dallas Division) delivered its opinion and order on 28 January 2025. The Court found deficiencies in the plaintiff’s... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/01/no-delay-following-intervention-to.html The Board of Appeal decision in T 1841/23 considered the correct approach to third party interventions running in parallel with UPC infringement proceedings. The decision particularly provides guidance on how interventions should be handled when they arrive shortly before oral proceedings, particularly in accelerated cases. Legal background: Postponement of proceedings in... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/01/guest-post-unwrapping-geographical.html The IPKat has received and is pleased to host the following guest post by Katfriend Jessica Mathew (Surrey Law School), commenting on recent decisions concerning the popular ‘Dubai Chocolate’. Here’s what Jessica writes: In early January 2025, the District Court of Cologne (Germany) granted an interim injunction against Aldi... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/01/deadline-extension-ipkat-book-of-year.html For those of you still finishing up their IP book pile, The IPKat team is extending the deadline to vote for your favourite IP books of 2024 until 10 February 2025. As announced earlier, you can vote here in the following six categories: Patents Copyright (including related rights and performers’... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/01/is-coffee-misleading-for-tea-euipo.html The Fifth Board of Appeal (BoA) of the EUIPO, by its decision dated 16 December 2024, refused the registration of “EINSTEIN KAFFEE” for Classes 30, 33, and 35 of the Nice Classification. Agreeing with the Examiner, the BoA opined that the sign “EINSTEIN KAFFEE” constituted “a serious risk of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/01/upc-finds-that-it-has-jurisdiction-to.html In this decision addressing the jurisdictional reach of the UPC jurisdiction to the UK post-Brexit, the Düsseldorf Local Division found that the UPC had jurisdiction over infringement of a UK patent right (UPC_CFI_355/2023). Following Brexit, the UK chose to withdraw itself from participation in the UPC. Naively, it might... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/01/uk-format-rights-claim-ends-in-shambles.html In a recent decision ([2025] EWHC 39 (IPEC)) on the alleged infringement of copyright in a TV format, the Intellectual Property Enterprise Court (IPEC) of the High Court of England & Wales (the Court) held that the collection of features on which the show was based was insufficient to constitute... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/01/the-upcs-first-decision-on-infringement.html In Plant-e v Bioo the UPC provided its first decision addressing the doctrine of equivalents in patent infringement proceedings (UPC_CFI_239/2023). The Local Division of the Hague set out a novel four-part test for assessing equivalence drawn from various national jurisdictions. The test appears relatively patentee-friendly, with the Local Division finding infringement of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/01/cjeu-to-decide-whether-publishers-may.html The German Federal Court of Justice has recently made a new request for preliminary ruling to the Court of Justice of the European Union (CJEU). Case C-840/24 concerns the distribution, by collective management organisations (CMOs), of proceeds from private copying and lending rights. The questions are not yet available... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/01/new-cjeu-reference-what-is-relevant.html Being at the right time in the right place is crucial. But what is the right time for assessing a design infringement? This is one of the questions posed by a Belgian court to the Court of Justice of the EU (‘CJEU’) in a new reference for a preliminary... Continue reading
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