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
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/never-too-late-if-you-missed-ipkat-last_13.html If you’ve had a rough time staying on top of things this week, not to worry! Here’s the summary of what you missed: Trade Marks Clearly, this Kat is on top of things!Image from Pexels. Eleonora Rosati outlined the recent Board of Appeal decision about Prada’s application to register... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/friday-fantasies_12.html The AmeriKat getting her winter coaton Brrr, it’s cold in here…If you, like the AmeriKat, are freezing your paws off, here is a warming drink of the latest IP news and events. AIPPI Rapid Reaction on Thaler in the Supreme Court next Thursday Next Thursday, 18 January, AIPPI UK... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/plant-varieties-and-priority-periods.html The Italian Corte Suprema di Cassazione issued some interesting judgments about plant varieties in 2023. In particular, two cases clarified the assessment of novelty and distinctness of plant varieties that were the subject of earlier foreign IP rights, but didn’t claim priority in their subsequent Italian plant variety rights... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/french-domain-name-registrar-transfers.html In a recent decision, AFNIC, the French country-code top-level domain name registrar, transferred the rights to the domain name ‘porcelainefrancaisedelimoges.fr’ to the owners of the French geographical indication (GI) ‘Porcelaine de Limoges’ (decision FR-2023-03612). Background In 2014, France introduced a national system of GI protection for craft and industrial... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/copyright-focused-event-at-fordham-law.html If you’re interested in copyright issues – including from a comparative (U.S. and European) perspective – and are going to be in New York City on 1 February, then come along to Fordham Law School (150 W 62nd St) to participate in an evening of discussions kicking off at... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/fungi-based-bacon-named-mybacon.html Plant-based alternatives to meat and other animal products have found their way into the shelves of traditional food retailers. This trend has caused some interesting trade mark filings and decisions. The General Court found Oatly’s slogan ‘It’s like milk but made for humans’ sufficiently distinctive inter alia for ‘diary... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/upc-munich-local-division-takes-novel.html The decision of the Munich Local Division of the UPC in SES vs. Hanshow provides a first indication of how the nascent UPC will approach patent claim interpretation. Initial decisions from the UPC have been light on analysis of the relevant substantive legal provisions. The Munich Local Division in SES vs Hanshow took a rather... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/01/pradas-triangle-pattern-mostly-not.html Game of triangles:A Prada Triangle bag, with the Triangle pattern, and Prada’s triangular logo When you think of Prada (at least from a trade mark perspective), what Prada itself refers to as its “iconic Triangle” cannot but come to mind. Technically an isosceles triangle positioned upside down, the Prada... Continue reading
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