• Sunday Surprises

    http://ipkitten.blogspot.com/2025/08/sunday-surprises.html Stretching in the sun of IPAnother week has come to an end and, as usual, The IPKat brings its Readers the latest news on IP events, opportunities, and announcements. Also, do not forget to regularly check our Events page!EventsInnovation in Small States – A Caribbean Outlook (3 September)On 3... Continue reading

     
  • Can trade mark law help protect one’s privacy (and stop the spread of embarrassing WhatsApp audio messages)?

    http://ipkitten.blogspot.com/2025/08/can-trade-mark-law-help-protect-ones.html Italian actor Raoul BovaThe use – and abuse – of IP rights to achieve objectives other than protecting what those rights were originally meant to do is not new. In all of this, however, the interplay between IP and privacy protection is arguably an emerging and still underexplored area.A... Continue reading

     
  • Once the genie is out of the bottle…

    http://ipkitten.blogspot.com/2025/08/once-genie-is-out-of-bottle.html So far, the Aladin case law and the principle of partial use have only been applied to decide whether genuine use of a trade mark has been established for a broad term by submitting evidence of use for goods or services that fall under that broad term. In a... Continue reading

     
  • Divergence between the UPC and EPO on claim interpretation and description definitions (Agfa v Gucci, UPC_CFI_278/2023)

    http://ipkitten.blogspot.com/2025/08/divergence-between-upc-and-epo-on-claim.html The recent decision of the UPC Hamburg Local Division in Agfa v Gucci (UPC_CFI_278/2023) is another addition to the case law on claim interpretation and the impact of description definitions. The Local Division found Agfa’s patent for decorating leather valid, yet simultaneously ruled that Gucci’s products did not infringe.... Continue reading

     
  • [Guest post] Retromark Volume XVI: the last six months in trade marks

    http://ipkitten.blogspot.com/2025/08/guest-post-retromark-volume-xvi-last.html Darren Meale of Simmons & Simmons presents the sixteenth volume in his rundown of notable trade mark cases over the past six months. Here we go:Retromark Volume XVI: the last six months in trade marksby Darren MealeThere’s no shortage of interesting cases this round, and plenty of variety within... Continue reading

     
  • Friday Fantasies

    http://ipkitten.blogspot.com/2025/08/friday-fantasies.html The IPKat brings you the latest IP news, events, and opportunities.IPKat newsKatcall reminder.Summer vibes!The IPKat is seeking Expressions of Interest (EOI) for GuestKat positions and looking for IP enthusiasts to fill InternKat roles. Those interested must submit their complete applications no later than Friday, 8 August (midnight GMT). Please keep... Continue reading

     
  • An “immunogenic composition” is not a vaccine (T 0070/23)

    http://ipkitten.blogspot.com/2025/08/an-immunogenic-composition-is-not.html In the recent Board of Appeal decision T 0070/23, GSK argued that its “immunogenic composition” product claim should be interpreted as limited by its efficacy as a vaccine, particularly in view of a description definition of the term. However, the Board of Appeal found both that product claims should not... Continue reading

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

    http://ipkitten.blogspot.com/2025/08/never-too-late-if-you-missed-ipkat-last.html Your essential weekly guide to IP insights from the IPKat!CopyrightLooks like our Kat is taking a deep dive into the legal intricacies of the week!Katfriend Spyros Sipetas examined the copyright implications of upcycling under EU law, exploring whether upcycled objects can infringe on third-party rights by engaging the right... Continue reading

     
  • [Guest post] Was Mary lost in cyberspace? A domain name decision that aims to redefine the Oki Data criteria

    http://ipkitten.blogspot.com/2025/08/guest-post-was-mary-lost-in-cyberspace.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Willem Leppink (Ploum) concerning the recent decision of the Czech Arbitration Court in Dashing Joys Limited, Imiracle (Shenzhen) Technology Co., Ltd v. Mohammad Zafar, CAC Case No. CAC-UDRP-107605. Here’s what Willem writes:Was Mary lost... Continue reading

     
  • CJEU: National trade name rights are not governed by the EU Trade Mark Directive

    http://ipkitten.blogspot.com/2025/08/cjeu-national-trade-name-rights-are-not.html It does not seem to require a decision from the Court of Justice of the EU (‘CJEU’) for the finding that national trade name rights are not governed by the EU Trade Mark Directive (‘TMD’). Yet, sometimes national courts refer good questions to the CJEU but the latter decides... Continue reading