The IPKat BLOG – Page 36

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Kärcher successfully enforces its abstract colour trade mark

http://ipkitten.blogspot.com/2024/11/karcher-successfully-enforces-its.html Decisions on the enforcement of abstract colour trade marks are rather rare. This is certainly due to the fact that obtaining protection for such marks is not easy in the first place. Colours are generally considered not to be inherently distinctive. As a consequence, trade mark protection for single... Continue reading
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AlphaFold: From Nobel Prize to drug-discovery gold mine?

http://ipkitten.blogspot.com/2024/11/alphafold-from-nobel-prize-to-drug.html AlphaFold, a machine learning model for predicting protein structure, is arguably one of the greatest achievements of AI so far. Whilst large language models such as ChatGPT can write poems and make pretty pictures, AlphaFold has the potential to dramatically impact the life-and-death world of drug discovery. AlphaFold represents truly ground-breaking science... Continue reading
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Coffee producers left with bitter taste in their mouths after shape mark infringement case rejected by Federal Court of Australia

http://ipkitten.blogspot.com/2024/11/coffee-producers-left-with-bitter-taste.html Australians love their coffee, so this Kat was not surprised to see another trade mark dispute between coffee producers. This time, the case concerned the shape of the instant coffee jars that populate many homes and workplace kitchens. Example jar of “Moccona Classic Medium Roast” On Thursday, the Federal... Continue reading
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[GuestPost] 59% of IPKat readers say its time to overhaul patent exclusions

http://ipkitten.blogspot.com/2024/11/guestpost-59-of-ipkat-readers-say-its.html At the end of August (remember those halcyon days?), the IPKat published a post by KatFriend, Peter Arrowsmith (GJE) on the Court of Appeal’s decision in Emotional Perception, together with a poll asking if it was time for an overhaul of the exclusions to patent protection. Having given readers... Continue reading
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AG Szpunar suggests that statutory assignment of performers’ rights against performers’ will is contrary to EU law (C-575/23)

http://ipkitten.blogspot.com/2024/11/ag-szpunar-suggests-that-statutory.html Last month, Advocate General (AG) Szpunar issued his Opinion in case C-575/23, this being the first request for a preliminary ruling on the interpretation of Directive (EU) 2019/790. The referral, which originates from the Belgium’s Supreme Administrative Court [see The IPKat here on the national proceedings], concerns the interpretation... Continue reading
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Audi’s ‘S6’ and ‘S8’ confusingly similar to NIO’s ‘eS6’ and ‘eS8’ models

http://ipkitten.blogspot.com/2024/11/audis-s6-and-s8-confusingly-similar-to.html The Higher Regional Court of Munich rendered an interesting judgment concerning trade marks for model designations of the car makers Audi and NIO. Background Audi owns EU trade marks ‘S6’ and ‘S8’, both registered for ‘vehicles’ in class 12. In 2016, NIO filed German trade marks ‘ES6’ and ‘ES8’... Continue reading
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[Guest Post] Book review: NFTs, Creativity and the Law – Within and beyond copyright

http://ipkitten.blogspot.com/2024/11/guest-post-book-review-nfts-creativity.html This book review of “NFTs, Creativity and the Law – Within and beyond copyright” edited by Enrico Bonadio and Caterina Sganga, is kindly provided by our former InternKat Alexandre Miura (Qualified Lawyer (Portugal and Brazil)) Here is what Alexandre has to say: The book consists of an introduction, fourteen chapters,... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/11/never-too-late-if-you-missed-ipkat-last.html If you missed out on The IPKat last week and want to catch up, then join this Kat for a summary of what you missed. Trade Marks and Geographical Indications Katfriend Timothée Charmeil (Elvinger) discussed a recent decision by the EUIPO’s Cancellation Division, which was tasked with deciding whether... Continue reading
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Monday Miscellany

http://ipkitten.blogspot.com/2024/11/monday-miscellany.html Here is your IPKat weekly summary of IP news, events and opportunities! Upcoming events and competitions: UCL IBIL course: Law Drafting and negotiating clinical trial agreements on Monday 4th and Tuesday 5th November. IESEG school of management, Design protection in the fashion field. Letter from different countries, 8 Nov 2024... Continue reading
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[Guest post] Comparison of wine and gin: the EUIPO’s unquestionable Similarity Tool

http://ipkitten.blogspot.com/2024/11/guest-post-comparison-of-wine-and-gin.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Timothée Charmeil (Elvinger) discussing a recent decision of the Cancellation Division of the European Union Intellectual Property Office (EUIPO) and the approach taken to comparison of goods (in this case wine and gin). Here’s... Continue reading