The IPKat BLOG – Page 88

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EUIPO Fifth Board of Appeal rules out that sale of spare parts for Ferrari’s Testarossa is genuine use of the trade mark

http://ipkitten.blogspot.com/2023/09/euipo-fifth-board-of-appeal-rules-out.html Pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), a trade mark which has not been put to genuine use by its holder within five years after its registration may be liable to revocation unless there are valid reasons for its non-use. When considering spare parts in connection with genuine... Continue reading
In: The IPKat BLOG

Wish to discuss the legacy of CJEU copyright case law for post-Brexit UK? Join us at UCL on 9 November

http://ipkitten.blogspot.com/2023/09/wish-to-discuss-legacy-of-cjeu.html UCL in lovely Bloomsbury If you are interested in all things copyright and wish to discuss the (perduring) legacy of the copyright case law of the Court of Justice of the European Union for UK law and practice following Brexit, then you are warmly invited to join this panel... Continue reading
In: The IPKat BLOG

[Guest post] Burberry ‘Knight Blue’ and Gucci ‘Rosso Ancora’: New signature colours and also trade marks in the making?

http://ipkitten.blogspot.com/2023/09/guest-post-burberry-knight-blue-and.html The IPKat has received and is pleased to host the following guest post authored by Katfriends Antonios Baris and Spyridon Sipetas (both Stockholm University), reflecting on the IP implications of the recent unveiling, by Burberry and Gucci, of two new signature colours: Knight Blue and Rosso Ancora, respectively. Here’s... Continue reading
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[Guest Post] Book review: Intellectual Property Law in Nigeria: Emerging Trends, Theories And Practice

http://ipkitten.blogspot.com/2023/09/guest-book-book-review-intellectual.html This book review of Intellectual Property Law in Nigeria: Emerging Trends, Theories And Practice by Desmond Oriakhogba (University of the Western Cape, South Africa) and Ifeoluwa Olubiyi (Afe Babaloloa University, Ado-Ekiti, Nigeria) is kindly provided by Kasim Waziri, Professor of Law at the University of Abuja, Nigeria. Here is... Continue reading
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[Guest post] Artificial Intelligence and (hopefully) the death of copyright

http://ipkitten.blogspot.com/2023/09/guest-post-artificial-intelligence-and.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. Here’s what Jakub writes: Artificial Intelligence and (hopefully) the death of copyright by Jakub Wyczik* Last year,... Continue reading
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Hague Court provides first judgment on online marketplace IP infringement liability following Louboutin v Amazon

http://ipkitten.blogspot.com/2023/09/hague-court-provides-first-judgment-on.html In a recent judgment, the District Court of the Hague (the Court) found that Fruugo, an online marketplace, was not directly liable under trade mark law for the advertisement and sale, on its platform, of products which infringed the trade marks of Audi and Volswagen. Background The avid IPKat... Continue reading
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Never too late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2023/09/never-too-late-if-you-missed-ipkat-last_21.html The new season is fully on and so are the IP-related news delivered by the IPKat. If you want to stay up-to-date, check out the below summary. COPYRIGHT Lokesh Vyas delivered a guest contribution exploring the potential of Article 17 of the Berne Convention as an unexplored emergency provision... Continue reading
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[Guest post] The compromise text of the new regulation on crafts and industrial geographical indications: A compromise on sustainability?

http://ipkitten.blogspot.com/2023/09/guest-post-compromise-text-of-new.html The IPKat has received and is pleased to host this guest contribution by Devanshi Saxena (PhD Researcher at the University of Antwerp and Visiting Researcher at the CIIPC NLU Delhi) concerning the sustainability requirements in geographical indication (GI) law. Here’s what Devanshi writes: The compromise text of the new... Continue reading
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CJEU considers exclusive distribution agreement between infringers sufficient for joint jurisdiction

http://ipkitten.blogspot.com/2023/09/cjeu-considers-exclusive-distribution.html Determining the competent court for trade mark and design infringement proceedings in the EU is rather straightforward if there is only one defendant. Art. 125 EUTMR and Art. 82 CDR provide a jurisdiction cascade (explained here) depending on where the defendant and plaintiff are based. If there are several... Continue reading
In: The IPKat BLOG

[Guest post] Interpreting Article 17 of the Berne Convention: An unexplored emergency provision in international copyright law?

http://ipkitten.blogspot.com/2023/09/guest-post-interpreting-article-17-of.html The IPKat has received and is pleased to host this guest contribution by Lokesh Vyas (upcoming doctoral candidate at Sciences Po, Paris), exploring the potential of Article 17 of the Berne Convention. Here’s what Lokesh writes: Interpreting Article 17 of the Berne Convention: An unexplored emergency provision in international... Continue reading