In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/emmentaler-cannot-be-eutm-says-general.html With a decision dated 24 May 2023, the General Court (GC) held that the term “EMMENTALER”, as designating a type of cheese, cannot be protected as European Union trade mark (EUTM), having a descriptive character in part of the European Union (EU), which may be a single Member State (in... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/a-musical-box-infringes-authors-moral.html Kat readers who have been to Paris surely remember the numerous shops selling musical boxes. Such musical boxes, especially popular among tourists, commonly feature classical French songs. In recent years, they also became the protagonist in a protracted litigation that reached the French Cassation Court. The case went as... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/book-review-overlapping-intellectual.html This Kat is pleased to review the “Overlapping Intellectual Property rights”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). Now in its second edition, the book offers a perspective on how one can address the overlap... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/the-copyright-adventure-of-two.html Copyright infringement cases often involve works of art, literature, or design. This recent French decision gives us an opportunity to look at a rarer case, that of copyright infringement in a typeface. A very Kat font Background The facts deserve some attention. In 1994, Mr X, a pioneer... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/a-right-to-information-when-theres-no.html Last year, former GuestKat Jan Jacobi reported both the Warsaw District Court’s Referral to the CJEU and AG Rantos’ Opinion on the TB v Castorama Polska and Knor litigation (see IPKat posts here and here). This question was whether, under Article 8(1) Enforcement Directive (2004/48/EC) (the Enforcement Directive), a... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/the-nice-classification-conundrum.html Understanding the Nice Classification can be challenging. For instance, why do alcoholic beverages fall in class 33, except for (alcoholic) beer, which falls in class 32? Why are there two classes for beverages, while other classes, such as class 9, cover a broad range of goods, which could easily... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/guest-post-what-if-ai-wrote-this-post.html This post is brought to you by Oprah Nwobike, who is a lawyer and doctoral researcher at Brunel University London focusing on copyright and artificial intelligence in the music industry, under the supervision of IPKat’s Dr Hayleigh Bosher. Impact of AI in the creative industries How would you feel... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/never-too-late-if-you-missed-ipkat-last_22.html Here is what you missed from the IPKat last week. Patents Image by Pixabay via Pexels Hayleigh Bosher reported on the UK IPO latest update on its new patent service that, in the next 12 months, will dramatically transform the process of applying for a patent. Anna Maria Stein... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/friday-fantasies.html Here are the latest opportunities and events to find out about. A Kat playing outside Copyright 25 May 2023: “Respect for IP Webinars: Copyright Infringement Issues in the Metaverse”. On 25 May 2023 WIPO will hold a webinar on “Copyright Infringement Issues in the Metaverse”. This webinar will delve... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/euipo-board-of-appeal-holds-numeric.html In a decision issued earlier this month, the EUIPO First Board of Appeal (the Board) held that a mark comprising of the sequence of numbers from 0 to 23 could not be registered as an EU trade mark (EUTM), since it would be perceived as a listing of the... Continue reading
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