The IPKat BLOG – Page 58

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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
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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
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[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
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Sunday Surprises

http://ipkitten.blogspot.com/2024/05/sunday-surprises.html The IPKat brings you the latest IP events, news, and opportunities! Events Uncovering the AI-Copyright Trap (9 May 2024) Dr Carys Craig, law professor at York University’s Osgoode Hall Law School in Toronto, Canada, will present her new paper entitled ‘Uncovering the AI-Copyright Trap’ between 12:00 to 13:00... Continue reading
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EU General Court finds that EUTM reputation is acquired progressively and lost slowly (T‑157/23 – Patou)

http://ipkitten.blogspot.com/2024/05/eu-general-court-finds-that-eutm.html In a recent decision (T-157/23) on trade marks with a reputation, the General Court of the European Union (the Court) found that a mark’s reputation is acquired progressively, and lost gradually, such that evidence from some time before or after the date of assessment can still be of relevance. Background In... Continue reading
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‘Pablo Escobar’ contrary to public policy and accepted principles of morality

http://ipkitten.blogspot.com/2024/05/pablo-escobar-contrary-to-public-policy.html There is no clear line between trade marks that are merely in poor taste (which is not a ground for refusal) and trade marks that are contrary to public policy or accepted principles of morality (prohibited from registration by virtue of Art. 7(1)(f) EUTMR). The EU Intellectual Property Network... Continue reading