The IPKat BLOG – Page 197

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Illumina v MGI Part 1: Mr Justice Birss on sufficiency, DNA sequencing and chocolate teapots

http://ipkitten.blogspot.com/2021/02/illumina-v-mgi-part-1-mr-justice-birss.html The High Court decision in Illumina v MGI ([2021] EWHC 57 (Pat)) is the first to take an in depth look at the thorny issue of sufficiency since last year’s Supreme Court decision in Regeneron v Kymab ([2020] UKSC 27) (IPKat). In the case in question, MGI’s obviousness and insufficiency attacks on Illumina’s DNA... Continue reading
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No likelihood of confusion between EU collective trade mark ‘HALLOUMI’ and ‘BBQLOUMI’, says EU General Court

http://ipkitten.blogspot.com/2021/02/no-likelihood-of-confusion-between-eu.html In a recent decision concerning the likelihood of confusion between the EU collective trade mark ‘HALLOUMI’ and the sign ‘BBQLOUMI’, the EU General Court held that – in light of the similarity between the signs, the goods and services, and the distinctive character of the former mark – there... Continue reading
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Book Review: Forgotten Intellectual Property Lore

http://ipkitten.blogspot.com/2021/02/book-review-forgotten-intellectual.html This book review was prepared by this Kat and Vicente Zafrilla Díaz-Marta, Scientific Coordinator for Innovation and IP Projects at the University of Alicante. In 1881, the later-to-be Supreme Court Justice Oliver Wendell Holmes, wrote in “The Common Law” as follows: “The life of the law has not been... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2021/01/sunday-surprises_31.html On this last day of January, I have a bowl full of Katfood to spoil you with… All this Katfood just for me – yummy! Blocking injunction in TPM circumvention case issued in Spain A few months ago, The IPKat hosted a post by PermaKat Eleonora reflecting on the... Continue reading
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Never Too Late: if you missed The IPKat last week

http://ipkitten.blogspot.com/2021/01/never-too-late-if-you-missed-ipkat-last_31.html Sunday afternoon Copyright InternKat Sophie Corke shared her analysis of two recent judgments by Germany’s Federal Court of Justice concerning consent to media image use. In both cases, German celebrities sued local media for use without consent of their own image. The Court sided with both plaintiffs and affirmed... Continue reading
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[Guest Post] The Nigerian Companies And Allied Matters Act 2020 and the protection of trademarks against similar company names

http://ipkitten.blogspot.com/2021/01/guest-post-nigerian-companies-and.html In 2018, this Kat celebrated the passing of the Bill for an Act to repeal the Companies and Allied Matters Act 2004 (CAMA 2004) in a post, which addressed some aspects of the Bill that particularly affect IP and creative entrepreneurship. Now the Bill has been signed into law... Continue reading
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The ‘goldfish phone booth’ copyright case in Japan

http://ipkitten.blogspot.com/2021/01/the-goldfish-phone-booth-copyright-case.html Background Nobuki Yamamoto, a Japanese contemporary artist, made an eye-catching work of ‘goldfish swimming in a phone booth’ (‘Work 1’) by December 2000 at the latest. In October 2011, a student organisation called ‘Goldfish Club’ at Kyoto University of Art and Design produced Work 2 and exhibited it for... Continue reading
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Around the IP Blogs

http://ipkitten.blogspot.com/2021/01/around-ip-blogs_27.html This Kat has had a revelation This Kat can hardly believe that it’s already the last week of an eventful January. What better way to unwind towards the end of the month than by catching up on developments from around the IP blogs? Copyright CREATe (University of Glasgow)... Continue reading
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Impact of the proposed EU Regulation on Markets in Crypto-assets for IP applications

http://ipkitten.blogspot.com/2021/01/impact-of-proposed-eu-regulation-on.html Kat friend, Dr. Julia Hugendubel, describes the most recent developments concerning the EU Commission’s proposed Regulation on markets in crypto-assets and their possible impact for IP applications. Decentralised ledger technologies (DLT) such as blockchain are the object of broad international regulation efforts. Presumably motivated by Facebook’s Libra/Diem project, the... Continue reading
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General Court affirms minimal distinctiveness requirement in Oatly’s trade mark appeal

http://ipkitten.blogspot.com/2021/01/general-court-affirms-minimal.html Oatly’s word mark at issue (Image: Oatly NL) Plant-based meat and dairy substitutes have frequently hit the news in recent months, with the EU General Court providing a boost to Oatly on 20 January 2021 by overturning a trade mark refusal decision by the EUIPO in Case T‑253/20. Background... Continue reading