In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/07/the-misadventures-of-tintin-in-land-of.html The adventures of the young boy with the quiff seem to be an inexhaustible source of copyright disputes [IPKat here or here]. Hergé’s legacy is fiercely defended by Mrs Rodwell and Tintinimaginatio against third parties who draw too much inspiration from his works. In addition to the copyright protection... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/07/small-cars-big-trouble-reloaded.html Not too long ago, this Kat discussed here the German Supreme Court judgment DACHSER, confirming that model toys of real-life cars and buildings do not, in principle, infringe the word and figurative trade marks for the real-life products. Volkswagen tried to convince the courts of the opposite by enforcing... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/07/guest-post-decoding-general-court-in.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on a brand-new decision issued by the General Court of the European Union on 3 July 2024 in an interesting design case (Case T-329/22). Here’s what Henning writes: Decoding the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/07/wednesday-whimsies.html Have you packed your SPF 70-guaranteed IP books? With summer in full swing in the Northern hemisphere, it might perhaps feel natural to long for things other than IP, but there is plenty of IP-related activity happening before and right after the hot months. Take a look at some... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/07/breaking-referral-to-enlarged-board-of.html One or two referrals? We now have confirmation of the referral to the Enlarged Board of Appeal (EBA) on how and if the description should be used to interpret the claims of a patent (G 1/24). The following questions have been referred to the EBA in T 0439/22: 1. Is Article... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/07/never-too-late-if-you-missed-ipkat-last.html If you spent the last week of June enjoying the warmer weather rather than reading the IP news (for this Kat’s part, she’s been soaking up the Italian sunshine before the ATRIP Conference), here’s the summary of what you missed. Trade Marks A Kat taking a break in the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/06/cropping-photograph-and-omitting.html There is no doubt that photographs can be protected by copyright [IPKat here, here and here]. This Kat has found a recent ruling issued by the Paris Court of Appeal concerning a copyright infringement dispute involving photographs. This judgment provides an opportunity to examine the concept of originality as... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/06/the-never-ending-story-of-brexit.html The Court of Justice of the EU (‘CJEU’) recently published its long-awaited decision in EUIPO v Indo European Foods (case C-801/21 P) concerning the consequences of Brexit for an action before the General Court against a decision of the Board of Appeal (‘BoA’) of the European Union Intellectual Property... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/06/book-review-regulating-synthetic.html This is a review of “Regulating the Synthetic Society: Generative AI, Legal Questions, and Societal Challenges” by Bart van der Sloot (Tilburg University). The book is divided roughly into distinct parts: the first three chapters go into some detail to describe various AI technologies, how they work and their real-life... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/06/brand-wars-never-ending-battle-against.html When are goods supposed to be for personal use and when should they be assumed to be used in the course of trade under trade mark law? This question was brought before the District Court of The Hague, and later the Court of Appeal of The Hague, in a... Continue reading
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