In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/04/euipo-grand-board-referral-on-eutm.html In what is the first referral from the Executive Director of the EU’s Intellectual Property Office (EUIPO), the EUIPO’s enlarged Board of Appeal (the Grand Board) has been requested to clarify whether a EU Trade Mark (EUTM) application, which is withdrawn during the appeal period following a refusal decision from the EUIPO,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/04/upckat-court-of-appeal-gives-guidance.html Which language will it be? The AmeriKat sporting colors (and food) from the EPO’s official languages About 15 years ago, the AmeriKat started her, sometimes, daily IPKat reporting on the unitary patent package. This, even before, the CJEU challenge on language. Fast forward to 2024 (and skipping over the annus horribilis... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/04/imminent-eba-referral-confirmed-on.html It is now confirmed that there will be a referral to the Enlarged Board of Appeal (EBA) on the correct approach to claim interpretation. The Board of Appeal in T 0439/22 had previously indicated that they were minded to refer a question to the EBA on how much the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/04/guest-post-can-trademarked-mascot-drink.html The IPKat has received and is pleased to host the following guest post by Katfriends Jakob Plesner Mathiasen and Matilde Helene Bom (both Gorrissen Federspiel) on a recent Danish decision tackling the relationship between trade mark law and freedom of expression. Here’s what they write: Can a trademarked mascot... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/04/last-few-places-retromark-conference-is.html Retro-Kats There are still places available for the fifth annual Retromark conference, which returns for another afternoon of in-person trade mark law and practice hosted by Darren Meale of Simmons & Simmons and the IPKat on Tuesday 7 May. This year, the keynote speech will be delivered by Allan... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/04/meatless-in-paris.html When an earlier sign consists of two words and the later mark consists of the same two words but in reversed order, the German Federal Patent Court calls this an ‘anagrammatic sound rotation’ (‘anagrammatische Klangrotation’). The rationale is that consumers are unlikely to remember the order of words due... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/04/never-too-late-if-you-missed-ipkat-last_15.html If you were flat-out last week and didn’t have time to follow the IP news, here’s the summary of what you missed. Intellectual Property Generally A Kat that has been flat out. Image from Pixabay. This Kat reviewed the new book, The Elgar Companion to Intellectual Property and the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/04/czech-court-finds-that-ai-tool-dall-e.html In a recent judgment (in Czech) which is one of the first of its kind in Europe, the Municipal Court of Prague (the Court) held that an image generated by an AI tool was not capable of being protected by copyright, as it was not authored by a natural person. ... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/04/sunday-surprises.html Check out the latest IP events, news, and opportunities! The IPKat in the News The IPKat gets hyperlinked on the NYT! The New York Times covered the dispute involving a German puzzle maker, a 1000-piece puzzle bearing Leonardo da Vinci’s ‘Vitruvian Man’ and the Italian Cultural Heritage Code. PermaKat Eleonora... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/04/book-review-elgar-companion-to.html This is a review of the book, The Elgar Companion to Intellectual Property and the Sustainable Development Goals, edited by Bita Amani, Caroline B. Ncube and Matthew Rimmer. Nearly a decade after the establishment of the seventeen UN Sustainable Development Goals (SDGs) in Agenda 2030, this volume brings together... Continue reading
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