The IPKat BLOG – Page 28

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Sweet success for Thatchers in Court of Appeal decision on Aldi’s lookalike lemon cider

http://ipkitten.blogspot.com/2025/01/sweet-success-for-thatchers-in-court-of.html The Court of Appeal of England & Wales handed down its much-anticipated judgment today in the trade mark infringement dispute, Thatchers Cider Company Limited v Aldi Stores Limited [2025] EWCA Civ 5. The decision partly overturned the controversial IPEC judgment (covered by the IPKat here) in finding that Aldi’s packaging took unfair advantage of Thatchers’... Continue reading
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[Guest post] Turin Court of Appeal upholds protection of Juventus FC’s unregistered colour combination trade mark for ‘Be the stripes’ jersey

http://ipkitten.blogspot.com/2025/01/guest-post-turin-court-of-appeal.html The IPKat has received and is pleased to host the following guest post by Katfriend Edoardo Cesarini (GR Legal), discussing a recent decision of the Turin Court of Appeal (Italy) concerning protection of Juventus FC’s unregistered trade mark for its black-pink-white colour combination. Here’s what Edoardo writes: Turin Court... Continue reading
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The Oktoberfest is fair game

http://ipkitten.blogspot.com/2025/01/the-oktoberfest-is-fair-game.html The Oktoberfest in Munich is not just the world’s largest festival: its name has also become very popular in other countries. There are Bavarian-themed festivals around the world named ‘Oktoberfest’. As a consequence of this development, the term has become descriptive for such festivals and related goods and services.... Continue reading
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Epitope claims stand firm: Board of Appeal upholds functional antibody patent despite insufficiency attack (T 0326/22)

http://ipkitten.blogspot.com/2025/01/epitope-claims-stand-firm-board-of.html The recent Board of Appeal decision T 0326/22 is yet further confirmation, if any were needed, that functionally-defined antibody claims remain viable at the EPO. In this decision, the Board of Appeal upheld Inhibrx’s European patent EP2812443 directed to a genus of anti-CD47 antibodies defined by their epitope binding and... Continue reading
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Saturday Sundries

http://ipkitten.blogspot.com/2025/01/saturday-sundries.html It’s a new year and a fresh start to IP news, events and opportunities. IPKat reminders Katcall: Openings for GuestKats and InternKats! The deadline for submissions to the openings for GuestKat and InternKat positions (as announced here) is approaching. Those interested must submit their complete applications no later than... Continue reading
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Voting Reminder: IPKat Book of the Year Awards 2024

http://ipkitten.blogspot.com/2025/01/voting-reminder-ipkat-book-of-year.html The deadline to cast your vote is fast approaching! Don’t miss your chance to participate in the IPKat Book of the Year Awards 2024. Rules of VotingTo cast your vote, fill in the form available here.Only books published in 2024 are eligible for the award.Please remember that, just as... Continue reading
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IP Federation urges UPC Court of Appeal to protect in-house counsel’s rights of representation in Judge Grabinski letter

http://ipkitten.blogspot.com/2025/01/ip-federation-urges-upc-court-of-appeal.html Yesterday, the IP Federation – the UK’s oldest and most-prominent IP-intensive industry organization – sent a letter to Judge Grabinski (the Unified Patent Court’s Court of Appeal presiding judge) urging that the UPC Court of Appeal not establish a blanket prohibition on in-house counsel acting as representatives in the... Continue reading
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GuestPost: A referral broadened? To have one’s cake, to eat it…or not yet to get it (G 1/24)

http://ipkitten.blogspot.com/2025/01/guestpost-referral-broadened-to-have.html The referral to the Enlarged Board of Appeal in G1/24 is one of the most closely watched referrals of recent times (IPKat). The referral will address a question relevant to every European patent application, namely how should the claims be interpreted? Unsurprisingly, the amicus curiae have been flooding in... Continue reading
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A more nuanced approach to the evidence standard for prior use (T 1311/21)

http://ipkitten.blogspot.com/2025/01/a-more-nuanced-approach-to-evidence.html The decision of the EPO Board of Appeal in T 1311/21 provides important guidance on evaluating standards of proof in cases of alleged prior use. The Board of Appeal suggests that there should be a nuanced approach to assessing this evidence, that moves beyond the traditional binary choice between... Continue reading
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Board of Appeal finds that human/pig chimeras are a risk to human dignity (T 1553/22)

http://ipkitten.blogspot.com/2025/01/board-of-appeal-finds-that-humanpig.html A recent EPO Board of Appeal decision considered the patentability of human-animal chimeras and where the line should be drawn on moral acceptability (T 1553/22). The Board of Appeal found that the invention in question was an offence against “human dignity” given that the scope of the claims included... Continue reading