The IPKat BLOG – Page 82

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Who is entitled to fair compensation for private copying? And what happens when a Member State has failed to transpose correctly EU law? AG Collins answers both in Seven.One Opinion

http://ipkitten.blogspot.com/2023/07/who-is-entitled-to-fair-compensation.html Seven.One vs the seven lives (and one great love)of a Kat Ahead of the August break, last week was a busy one for copyright at the Court of Justice of the European Union (CJEU). On 13 July last, in fact, Advocate General (AG) Collins issued his Opinion in Seven.One,... Continue reading
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Johnny Johnny Yes Papa: no sound trade mark registration for nursery rhyme

http://ipkitten.blogspot.com/2023/07/johnny-johnny-yes-papa-no-sound-trade.html By decision dated June 15, 2023 (original Romanian version and English machine translation) the EUIPO rejected the application for registration of a European Union sound trade mark featuring the nursery rhyme “Johnny Johnny Yes Papa” on the grounds of lack of distinctiveness. Background In 2022, a Romanian company... Continue reading
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European Commission not bound by earlier assessment of national authorities when examining GI applications

http://ipkitten.blogspot.com/2023/07/european-commission-not-bound-by.html Earlier this month, the General Court ruled that the European Commission is not bound by the earlier assessment of national authorities when examining applications for geographical indications (T-34/22, so far only available in French). The dispute behind this ruling related to two groups of charcuterie products originating from France.... Continue reading
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In memoriam: Caroline Morgan

http://ipkitten.blogspot.com/2023/07/in-memoriam-caroline-morgan.html Caroline Morgan The IPKat was very saddened by the announcement of Caroline Morgan’s recent passing. Caroline was the CEO and Secretary General of the International Federation of Reproduction Rights Organisations (IFFRO). As we read on the IFRRO website: It is with great sorrow that IFRRO mourns the passing of... Continue reading
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[Guest post] Whiskey and dog toys: SCOTUS decision on First Amendment protection for expressive works

http://ipkitten.blogspot.com/2023/07/guest-post-whiskey-and-dog-toys-scotus.html The IPKat is pleased to host the following guest post by Katfriend Alessandro Cerri regarding the US Supreme Court’s decision in the Jack Daniel’s v VIP IP dispute. Here’s what Alessandro writes: Whiskey and dog toys: SCOTUS decision on First Amendment protection for expressive works by Alessandro Cerri In... Continue reading
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General Court on unauthorised trade mark filing of an agent

http://ipkitten.blogspot.com/2023/07/general-court-on-unauthorised-trade.html If a (former) distributor believes that they can do a better job at exploiting a principal’s trade mark and files for its registration, the principal can usually file an opposition based on earlier rights. If the application is filed in a country where the principal does not enjoy trade... Continue reading
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The risk of pre-grant description amendments (T 450/20)

http://ipkitten.blogspot.com/2023/07/the-risk-of-pre-grant-description.html The EPO Boards of Appeal have recently taken an uncompromising approach to claim interpretation. The Board of Appeal decision in T 450/20 is in line with the trend, finding that the description of a patent could not be mined for a definition limiting the meaning of the claims. However, in contrast to another... Continue reading
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Saturday Sundries

http://ipkitten.blogspot.com/2023/07/saturday-sundries.html Summer is in full swing – yet the IPKat is not chilling by the pool, but rather snacking on the Katfood, so that you don’t have to search for it yourself. Image credits: Riana Harvey Events and publications The Queen Mary Intellectual Property Research Institute joins forces with the Centre... Continue reading
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Emoji: not a trademark for EUIPO (but a contract agreement for a Canadian Court)

http://ipkitten.blogspot.com/2023/07/emoji-not-trademark-for-euipo-but.html According to the decision of 1st June 2023 (original German version and English machine translation) by the Board of Appeal (BoA) of the EUIPO, the emoji meaning “I love you” cannot constitute a trade mark. Background of the case In 2021 a German company filed application No. 18622650 to... Continue reading
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Valedictory ceremony for Lord Kitchin to be held on 25 July 2023

http://ipkitten.blogspot.com/2023/07/valedictory-ceremony-for-lord-kitchin.html This Kat just noticed that the valedictory ceremony for Lord Kitchin of the UK Supreme Court will be held on Tuesday 25 July 2023, following the announcement that his Lordship would retire at the end of the legal year in September 2023. The ceremony will take place in Courtroom... Continue reading