http://ipkitten.blogspot.com/2022/04/around-ip-blogs.html
The IPKat is back with your weekly roundup of the goings-on around the IP blogosphere:-
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Trade Marks
Patently-O reported on a pending US trade mark case involving the mark CLEAR that Dolce Vita uses on their shoes. The USPTO refused this application on the ground that it is deceptively descriptive because shoes bearing the mark CLEAR would be expected to be transparent. Dolce Vita has now appealed to the Federal Circuit.
It is always difficult to obtain registration for geographical names. Kluwer Trademark Blog recently considered the EU trade mark application for “Andorra” for classes 16, 34, 36, 41 and 44 filed by the Government of Andorra. The application has been refused at two levels, i.e. the EUIPO and the General Court of Justice of the EU, due to lack of distinctiveness.
Patents
In 2021, the German Parliament enacted an amendment to § 139 of the German Patent Act that permits courts to stay injunctions for a period of time while the defendant designs around or sells off infringing products. Comparative Patent Remedies noted and drew readers’ attention to several articles in the German journal GRUR (Gewerblicher Rechtsschutz und Urheberrecht) discussing this issue.
Over in Australia, there are two Full Court judgments whereby much needed clarity has been provided on how to identify pharmaceutical products that can support a valid patent term extension in Australia. Kluwer Patent Blog provided a helpful summary.
Other
Class 46 by Marques reported that Poivre de Penja, a peppercorn from Cameroon, became the first protected geographical indication from the OAPI region to be registered.
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