In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/cultural-meme-as-trademark-registration.html Emeritus Kat, Professor Ilanah Fhima, proposes a provocative approach to signs that have taken on cultural significance. Rebekah Vardy, wife of football player Jamie Vardy, has managed to secure registration of WAGATHA CHRISTIE for a wide range of goods and services. Why is this noteworthy? Unless you were among... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/cjeu-clarifies-connecting-factors-and.html Art. 125 EUTMR provides an elaborate cascade for international jurisdiction of the EU trade mark courts. The defendant must be sued: 1. In the EU Member State in which it is domiciled (Art. 125(1) EUTMR); 2. Absent a domicile in the EU, in the EU Member State where the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/ipr-infringement-in-yellow-and-blue.html In a judgment issued a few days ago, the High Court of England and Wales (the Court) held that Tesco had infringed Lidl’s copyright, trade mark, and rights in passing off vesting in Lidl’s blue-and-yellow logo. However, the case was not completely successful for Lidl, since the Court also... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/to-encompass-and-embody-applying.html It is now some weeks since we received the EBA’s decision in G 2/21 on the standard of evidence required for inventive step (often referred to as the “plausibility” referral). As previously summarised (IPKat), G 2/21 does not change the evidence standard for inventive step. Instead, the main contribution of G 2/21 is... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/general-court-considers-gymnastic-and.html Are toys that fall within the category of ‘gymnastic and sporting articles’ different from toys that fall within the broader category of ‘games and toys’? In a recent decision, the General Court considered the goods covered by the marks in question, namely ‘Games, toys’ and ‘Gymnastic and sporting articles’,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/narrowing-scope-of-protection-of.html Both the EUIPO and General Court have had a tendency to grant a broad scope of protection for purely figurative marks. Below are several examples: Earlier mark Contested mark Decision Low degree of visual and average degree of conceptual similarity (T-364/13) Average degree of visual similarity and high degree... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/04/the-state-of-africa-creative-economy.html Last week (27 April), the Creative Economy Practice at CcHUB launched the Creative Vibrancy Index for Africa (CVIA or the Index) which comprehensively ranks African cities based on their support for arts, culture and creative industries. The CVIA ranks 12 African cities: Accra, Cairo, Dakar, Dar-Es-Salaam, Harare, Johannesburg, Kinshasa,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/04/saturday-sundries.html Here are the latest opportunities and events to find out about. Recognition Legal Business has recently published an article about the opportunities presented by social media to lawyers. Both our PermaKat Eleonora Rosati and The IPKat are expressly recommended as sources to follow to get an “unstuffy look at... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/04/eu-and-india-in-negotiations-over.html Since June 2022, the European Union (EU) and India have been in trade negotiations, to conclude a Free Trade Agreement (FTA), an Investment Protection Agreement (IPA), and an Agreement on Geographical Indications (GIs). This Kat decided to look closer at the GI talks, while sipping a cup of Darjeeling... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/04/cjeu-rules-out-that-eu-trade-mark-law.html Legea-branded jersey … Does EU law govern joint ownership of IP rights, including the exercise thereof by each and individual joint owner? This was the key question at the centre of Legea, C-686/21, a referral from the Italian Supreme Court asking specifically about this having regard to the EU... Continue reading
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