In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/saturday-sundries.html IP events, news, and opportunities are continuously announced as the end of January rapidly approaches. Check them out! Events Seminar ‘From the Batmobile to Mickey Mouse via Pippi Longstocking’. City, University of London will hold the seminar ‘From the Batmobile to Mickey Mouse via Pippi Longstocking’ on 14 February... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/never-too-late-if-you-missed-ipkat-last_20.html If you’ve been stretched thin lately and haven’t kept up with the IP news, here’s the summary of what you missed. Trade Marks and GIs This Kat has been stretched thin too.Image from Pexels. Marcel Pemsel discussed the latest in plant-based trade marks with the General Court decision that ‘MYBACON’... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/guest-post-3d-trade-mark-application.html The IPKat has received and is pleased to host the following guest contribution by Victoria Thüsing (Stockholm University) on a recent decision of the EUIPO Fifth Board of Appeal concerning an application to register, as a shape mark, the design of a tent. Here’s what Victoria writes: 3D trade... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/tom-mitcheson-kc-appointed-deputy-high.html Tom Mitcheson KC The AmeriKat was warmed in the cold of her Friday morning to learn of the news that Tom Mitcheson KC (Three New Square) has been appointed as Deputy High Court Judge. Litigators in the Patents Court can now add Tom to the list of potential judges... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/eu-regulation-on-geographical.html The EU Regulation on geographical indication (GI) protection for craft and industrial products was approved by the Council on 9 October 2023 (IPKat here), entered into force on 16 November 2023 and will be fully applicable from 1 December 2025. Its purpose is to assist producers in preserving... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/how-did-ww1-and-ww2-impact-french.html In the past months, this Kat has been captivated by the question of how wars impact traditional regional products and, ultimately, the registration of geographical indications (GIs) [see also earlier posts on the Versailles Treaty and on Camembert]. I would now like to share with our readers some of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/when-is-derivative-work-original-and.html The book that is going to change copyright law? After the referrals in Mio [IPKat here and here] and USM Haller [IPKat here], another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/coco-chanels-independent-distinctive.html One of the most sophisticated concepts in EU trade mark law is the independent distinctive role of an element of a complex trade mark. It started with the THOMSON LIFE case (discussed here) where the earlier mark ‘LIFE’ has been combined with the company name ‘THOMSON’ to ‘THOMSON LIFE’... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/a-butterfly-is-not-conceptually-similar.html Italian fashion company Cris Conf S.p.A. owns a figurative trade mark depicting two birds on a ring. It opposed an application for identical goods depicting a butterfly on a ring. By decision dated 11 January 2024 (available only in the original version in Italian) the EUIPO’s Opposition Division... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/dont-shoot-yourself-in-foot-european.html In the US, the principle of file wrapper estoppel is well established. Submissions made in US patent prosecution may be highly influential for claim interpretation post-grant. Additionally, as recently highlighted in K-fee v Nespresso (Case No. 22-2042, Fed. Cir. Dec. 26, 2023), file wrapper estoppel in the US does not stop at... Continue reading
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