• [Guest Post] Sylvanian Family Drama

    http://ipkitten.blogspot.com/2025/07/guest-post-sylvanian-family-drama.html The IPKat is pleased to host the following guest post by Katfriend Daphne Singer regarding a recently issued claim in New York. Here’s what Daphne writes:Sylvanian Family DramaBy Daphne SingerA new lawsuit has been issued in New York by the owner of the SYLVANIAN FAMILIES doll brand, claiming copyright... Continue reading

     
  • General Court: Sale of second-hand Testarossas by Ferrari dealers can constitute genuine use

    http://ipkitten.blogspot.com/2025/07/general-court-sale-of-second-hand.html The Ferrari judgment from the Court of Justice of the EU (‘CJEU’) was a real head scratcher (IPKat here and me here). The Court held that the use of a trade mark for the sale of exhausted goods can constitute genuine use. The judges did not stop there but... Continue reading

     
  • Peas and the peculiarities of product-by-process patents (T 1065/23)

    http://ipkitten.blogspot.com/2025/07/peas-and-peculiarities-of-product-by.html The recent decision T 1065/23 of the Boards of Appeal related to the patentability of product-by-process claims. The decision confirmed that for such claims, the key question for both novelty and inventive step is whether the claimed process imparts unique and non-obvious properties to the final product. The decision thus also... Continue reading

     
  • Thursday Thingies

    http://ipkitten.blogspot.com/2025/07/thursday-thingies.html Here is this week’s update with consultations, events and IP in the news. Ready for summer. ConsultationsUK IPO launches SEPs consultationIn case you missed it, Rose reported on the UK IPO’s announcement of a consultation on SEPs. See her post here. The consultation runs until 7 October 2025.EventsINTA has announced “two new... Continue reading

     
  • Country of Iceland successfully freezes out British supermarket’s trade marks on the grounds of descriptiveness

    http://ipkitten.blogspot.com/2025/07/country-of-iceland-successfully-freezes.html Yesterday, the EU General Court ruled against the major British supermarket, Iceland, in its trade mark dispute with the nation of Iceland. Photo by bearmax via PexelsThe Court upheld the 2022 decision of the Grand Board of Appeal of the EUIPO (discussed by the IPKat here), finding that the ICELAND trade marks... Continue reading

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

    http://ipkitten.blogspot.com/2025/07/never-too-late-if-you-missed-ipkat-last_16.html Here’s a quick recap of last week’s highlights from The IPKat!PatentsRose Hughes discussed a Board of Appeal decision (T 1561/23) concerning claim interpretation.CopyrightSöğüt Atilla analysed a decision of a US Court of Appeals concerning a collection of Ford Mustangs (called ‘Eleanor’) featured across four films by Denice Halicki.Trade MarksMarcel Pemsel... Continue reading

     
  • UK IPO launches SEPs consultation

    http://ipkitten.blogspot.com/2025/07/uk-ipo-launches-seps-consultation.html The UK Government has today launched a consultation on Standard Essential Patents (SEPs). SEPs are patents that protect technology which is essential to implementing a technical standard (such as 5G). This new consultation has been launched with the aim of addressing potential problems with the UK’s SEP ecosystem. The current SEP... Continue reading

     
  • Wise Payments v With Wise: Court applies SkyKick in score-draw infringement claim

    http://ipkitten.blogspot.com/2025/07/wise-payments-v-with-wise-court-applies.html Last week a decision was handed down in WISE Payments Ltd v With Wise Ltd & Ors [2025] EWHC 1722 (IPEC). The case is interesting for a number of reasons, including that the judge applied the well-known Supreme Court judgment of SkyKick [2024] UKSC 36 to declare that the... Continue reading

     
  • Eleanor – prop or character? US Court of Appeals says prop

    http://ipkitten.blogspot.com/2025/07/eleanor-prop-or-character-us-court-of.html On 27 May last, the US Court of Appeals for the Ninth Circuit (Court), affirming the decision of the Central District of California, held that a collection of Ford Mustangs (called ‘Eleanor’) featuring across four films by Denice Halicki (appellant) does not qualify for character copyright. Background‘Eleanor’ is the... Continue reading

     
  • First interpretation of G 1/24 (the description must always be consulted) (T 1561/23)

    http://ipkitten.blogspot.com/2025/07/first-interpretation-of-g-124.html T 1561/23 is the first decision from the Boards of Appeal to apply the recent EBA decision in G1/24. The EBA found in G1/24 that the description should always be referred to when interpreting the claims, and not just in cases of unclarity or ambiguity. Compared to some EBA decisions, G1/24... Continue reading