In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/colour-combination-position-trade-mark.html The consistent case law of the EU courts on the inherent distinctiveness of colour marks is very restrictive and currently challenged by INTA, MARQUES and OMV in appeal proceedings before the General Court (IPKat here). This court confirmed the restrictive approach lately in a decision concerning four colour combination... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/the-german-laion-decision-problematic.html IPKat-approved Laion A few days ago, the District Court of Hamburg delivered what appears to be the first judgment in Europe on the construction and application of the national transpositions of the text and data mining (TDM) exceptions found in Arts. 3 and 4 of the DSM Directive (310... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/never-too-late-if-you-missed-ipkat-last_7.html If the cozy feeling of Autumn got you away, here is the summary of the previous week on The IPKat. IP opportunities, events, and news A Kat feeling cozy Eleonora Rosati announced the upcoming IPKat webinar on image rights in the age of AI. If you wonder how to... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/guest-post-hands-off-my-cheese-asiago.html Whenever things went badly for the Rat-in-a-Hat (a character in the Australian children’s TV show Bananas in Pyjamas), he would exclaim frustratedly, “Ohhh… cheese and whiskers!” This Kat imagines that the owners of the geographical indication (GI) for the Italian cheese called “Asiago” are probably saying something similar after... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/join-us-ipkat-webinar-announcement.html Like many other celebrities (think of: Scarlett Johansson or Drake), The IPKat also has a characteristic appearance – not to say: objective beauty and appeal – worth protecting against the frequent third-party misappropriation attempts. Yet, the very protection of one’s own likeness and other personal features (for example: voice,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/tuesday-wonders.html October is here, and with it, new events and opportunities for the IP community! This Kat’s favourite plant for the month of October is, of course, the pumpkin!Image from Pixabay. People, Plants, and the Law lecture series This online lecture series returns for another year to explore the special role of the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/10/never-too-late-if-you-missed-ipkat-last.html Busy week in the IP world; here is the summary of last week’s IPKat updates! GIF by Riana Harvey Trade marks Katfriend Ian Gill (AA Thornton) analysed the Four Appeals and a Recusal in Xactware Solutions Inc. vs. Buildxact Software Ltd. One of the issues derived from the UK... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/09/ukrainian-ip-office-registers-works.html The Ukrainian IP Office recently announced that it has registered several works that, in addition to copyrightable content, also included artificial intelligence (AI) generated images protected under the new Ukrainian sui generis right for computer-generated subject-matter. The first registered work is a book with a collection of images titled... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/09/the-general-court-exceeded-its.html The scope of the General Court’s jurisdiction in appeals against decision of the Board of Appeal (‘BoA’) of the European Union Intellectual Property Office (‘EUIPO’) is laid down in Art. 72 EUTMR. Advocate General (‘AG’) Priit Pikamäe recently found that the General Court had exceeded its jurisdiction by holding... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/09/easygroup-given-hard-time-by-english.html In a recent decision ([2024] EWHC 2282 (Ch)) on trade mark revocation and infringement, the High Court of England & Wales (the Court) held that there was no likelihood of confusion between “easylife” marks, owned by the EasyGroup, and “easylive” marks. Background The Claimant, EasyGroup Ltd (EasyGroup), is part of... Continue reading
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