The IPKat BLOG – Page 2

In: The IPKat BLOG

General Court on abuse of revocation proceedings based on non-use and belated evidence

http://ipkitten.blogspot.com/2025/06/general-court-on-abuse-of-revocation.html Revocation proceedings for non-use provide a playground for several interesting questions. Those proceedings can be abused for various reasons, raising the question if and under which conditions a revocation applicant lacks an interest in bringing proceedings. Further, if the first instance evidence is not deemed sufficient, trade mark owners... Continue reading
In: The IPKat BLOG

Court of Appeal of England and Wales refers to SkyKick – in a design dispute on res judicata

http://ipkitten.blogspot.com/2025/05/court-of-appeal-of-england-and-wales.html In a recent decision, the Court of Appeal of England & Wales (the Court) referred to the Supreme Court’s landmark judgment in Sky v SkyKick (see IPKat here) in finding that a party was barred from seeking a declaration of invalidity in respect of a UK Design Right, having already unsuccessfully... Continue reading
In: The IPKat BLOG

[Book review] European and UK Trade Mark Law

http://ipkitten.blogspot.com/2025/05/book-review-european-and-uk-trade-mark.html This Kat is happy to share with our readers her impressions of “European and UK Trade Mark Law”, authored by David T. Keeling (Publishing Push LTD, 2024, 1170 pp.). In this volume, Mr. Keeling, former member of the EUIPO’s Boards of Appeal, focuses on general principles of trade mark... Continue reading
In: The IPKat BLOG

[Guest post] Aesthetic theft or shared style? Originality in the social media age

http://ipkitten.blogspot.com/2025/05/guest-post-aesthetic-theft-or-shared.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Adanna Onah on a recent decision of the US Court of Appeals for the Ninth Circuit in Woodland v Hill. Here is what Adanna writes:Aesthetic theft or shared style? Originality in the social media ageby... Continue reading
In: The IPKat BLOG

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

http://ipkitten.blogspot.com/2025/05/never-too-late-if-you-missed-ipkat-last_30.html Here is a quick recap of what you might have missed!Trade MarksKatfriend Salvatore Marcenaro (Wolf Méndez Abogados Asociados) analyzed the Frisby case concerning a third-party registration of well-known Colombian “FRISBY” trade mark in the EU.Söğüt Atilla discussed the United States Court of Appeals for the Federal Circuit’s refusal of... Continue reading
In: The IPKat BLOG

Can refugees take their GIs with them when fleeing? The case of Rügenwalder Teewurst

http://ipkitten.blogspot.com/2025/05/can-refugees-take-their-gis-with-them.html For the past three years, this Ukrainian Kat has been interested in the impact of wars on geographical indications (GIs). She saw, to her surprise, that GIs and wars are intrinsically related, to the point that GIs are featured in peace negotiations, as occurred with the Versailles Treaty.Louis-Michel, a... Continue reading
In: The IPKat BLOG

All to play for in CRISPR “first-to-invent” US patent battle as Federal Circuit instructs PTAB to reconsider (Regents v. Broad Institute, Nos. 22-1594, 22-1653)

http://ipkitten.blogspot.com/2025/05/all-still-to-play-for-in-crispr-first.html In the latest decision of the CRISPR patent wars, the US Court of Appeal of the Federal Circuit delivered its long-awaited opinion in Regents v. Broad Institute (Nos. 22-1594, 22-1653) earlier this month. However, rather than providing a clear resolution to the dispute, the Federal Circuit vacated and remanded the case,... Continue reading
In: The IPKat BLOG

Event report: C5 Pharma & Biotech Patent Litigation in Europe (Day 1), Plausibility, UPC and antibody IP strategy

http://ipkitten.blogspot.com/2025/05/event-report-c5-pharma-biotech-patent.html Last week, PatKat had the pleasure of participating in the 2025 C5 Annual Forum on Pharma & Biotech Patent Litigation in Europe, held in Amsterdam. The conference was a reminder (if ever one was needed) that patent law never stands still. There was a lot of food for thought from... Continue reading
In: The IPKat BLOG

CJEU receives first referral on chatbots and copyright

http://ipkitten.blogspot.com/2025/05/cjeu-receives-first-referral-on.html Existential crisis? Ask AI …Over the weekend, reports circulated that the Court of Justice of the European Union (CJEU) has received its very first referral on Artificial Intelligence (AI) and copyright.Like Company v Google, C-250/25 comes from Hungary. It concerns chatbots vis-á-vis the press publishers’ right and the text... Continue reading
In: The IPKat BLOG

Objectively measuring the similarity of marks: A framework of ideas

http://ipkitten.blogspot.com/2025/05/objectively-measuring-similarity-of.html The IPKat has received and is pleased to host the following guest post by Katfriend David Barnett (Brand Protection Strategist at Stobbs), proposing a more objective assessment of the similarity of signs in trade mark matters. Here is what David writes: Central to many intellectual property disputes is an... Continue reading