The IPKat BLOG – Page 50

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Stretching the cheese: Contradictory evidence for a purported technical effect relied on for inventive step (T 0629/22)

http://ipkitten.blogspot.com/2024/05/stretching-cheese-contradictory.html T 0629/22 considered how the credibility/plausibility of a claimed invention should be addressed in the face of contradictory evidence for the technical effect relied on for inventive step. The evidence requirement for inventive step was recently considered by the Enlarged Board of Appeal (EBA) in G 2/21. Neither G 2/21 nor the subsequent decision... Continue reading
In: The IPKat BLOG

[UPCKat] Access to confidential information by parties and the public in the UPC

http://ipkitten.blogspot.com/2024/05/upckat-access-to-confidential.html The UPCKat trying to keep confidentialinformation confidential in the UPC As part of our UPCKat reporting on the latest UPC developments, the IPKat brings readers a roundup of how the UPC is treating confidentiality and third party access to court documents. With our guest UPCKat team in the form of... Continue reading
In: The IPKat BLOG

Italian Supreme Court refers questions to CJEU on conflicts between GIs and trade marks

http://ipkitten.blogspot.com/2024/05/italian-supreme-court-refers-questions.html Last month, the Corte Suprema di Cassazione (the Italian Supreme Court) considered a matter concerning conflicts between trade marks and geographical indications for wines. The case, which concerned the Salaparuta PDO from Sicily, exposed some interpretative issues and has prompted a referral of two preliminary questions to the Court... Continue reading
In: The IPKat BLOG

Saturday Sundries

http://ipkitten.blogspot.com/2024/05/saturday-sundries.html Here are the latest IP-related events to find out about. Also, do not forget to regularly check the IPKat Events page! A Kat waiting for new IP events Events 14 June 2024: Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy online workshop On 14 June 2024, Peter Mezei,... Continue reading
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What’s in a trademark? By any other name, would a $400 pineapple taste as sweet?

http://ipkitten.blogspot.com/2024/05/whats-in-trademark-by-any-other-name.html The fruit industry news has been abuzz this week with reports that a new pineapple will soon be hitting the market in the United States. The pineapple, characterised by its red outer skin and produced in very limited quantities in Costa Rica, is being marketed under the name Rubyglow™... Continue reading
In: The IPKat BLOG

Loro Piana position mark for footwear: not distinctive, says EUIPO

http://ipkitten.blogspot.com/2024/05/loro-piana-position-mark-for-footwear.html By decision of 26 April 2024 (available only in the original version in Italian), the European Union Intellectual Property Office (EUIPO) refused to register a position trade mark for footwear having considered that a band with a knot and ribbons with metal pendants affixed to the template of... Continue reading
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Should the EU unify copyright laws?

http://ipkitten.blogspot.com/2024/05/should-eu-unify-copyright-laws.html Kat (re-)unification Should the EU unify the copyright laws of its Member States and introduce, over thirty years after the start of the harmonization process, a unitary copyright title? The short answer is: yes. And that will be unavoidable too. The real question is therefore another: how to go... Continue reading
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Looks are not everything… even in design matters.

http://ipkitten.blogspot.com/2024/05/looks-are-not-everything-even-in-design.html Determining the informed user and the way the informed user perceives the design of a specific product are important steps in the assessment whether two designs produce the same overall impression. In a recent judgment, the General Court emphasized that the actual use of the product in which the... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/05/never-too-late-if-you-missed-ipkat-last.html If things are finally looking up after a very busy week (and hopefully, a May Day long weekend), here’s the summary of what you missed. Trade Marks Things are looking up! Image from Pixabay. Alessandro Cerri discussed the recent decision (T-157/23) which found that a trade mark’s reputation is acquired... Continue reading
In: The IPKat BLOG

[UPCKat] Preliminary injunctions in the UPC: Edwards Lifesciences v Meril

http://ipkitten.blogspot.com/2024/05/upckat-preliminary-injunctions-in-upc.html UPCKat keeping warm on a stack of UPCawarded costs As part of our UPCKat reporting on the latest UPC developments, the IPKat continues its series of reports that analyze the development of preliminary injunction case law from the UPC. With our guest UPCKat team in the form of guest... Continue reading