http://ipkitten.blogspot.com/2025/03/never-too-late-if-you-missed-ipkat-last_74.html
Another eventful week in the IP world has passed—here’s what to keep in mind!
Katfriend Henning Hartwig reviewed the interpretation of Articles 6 and 14 of Regulation 6/2002 (“CDR”). The Committee for Design Law of the German Association for Intellectual Property Law has recently submitted its comments on the request for a preliminary ruling made by the Juzgado de lo Mercantil Número 1 de Alicante, Spain concerning the CDR.
Trade Marks and GIs
Eleonora Rosati explained a recent decision (R1009/2024-5) of the 5th Board of Appeal (BoA) concerning “trade marks which are contrary to public policy or to accepted principles of morality”. The BoA decided that the sign ‘MAGIC PUSSY’ would not fall under the Article 7(1)(f) EUTMR.
Marcel Pemsel analysed two recent decisions from the General Court and the German Patent Court concerning applications for invalidity of an (almost) identical EU trade mark, ‘Sophienwald’.
Katfriend Edoardo Cesarini (GR Legal) outlined a recent EU General Court judgment concerning the role of similarity between goods in deciding on an infringement of a geographical indication. The case is between the certifying body of the Port wine (Instituto dos Vinhos do Douro e do Porto) and a Portuguese winery, Vinoquel Vinhos Oscar Quevedo, which sought registration of the “Quevedo Port” word mark for wine and olive oil.
Patents
Rose Hughes discussed a recent Board of Appeal decision in T 1977/22 concerning the patentability of claims defining subject matter with open-ended parameter ranges.
Copyright
Anastasiia Kyrylenko reported on a recent decision of the CJEU concerning the interpretation of Directive (EU) 2019/790 (C-575/23).
Söğüt Atilla commented on a recent decision of the Tribunal Judiciaire de Paris regarding copyright and trade mark infringement in the context of a dispute between S.A.S. BLAO & CO (defendant) and Société HERMES INTERNATIONAL and S.A.S. HERMES SELLIER (claimants).
Marcel Pemsel looked into a recent decision of the German Supreme Court concerning copyright protection for two Birkenstock sandal designs.
IP events and opportunities
Jocelyn Bosse shared upcoming IP news, events, and opportunities. The UK Intellectual Property Office will have a consultation on reforms to the UK design system. The survey closes on 1 April 2025. The UCL Institute of Brand and Innovation Law and MARQUES will host their annual “Question the Trade Mark Judges” event on 25 March 2025. Moreover, she reminded the Readers of an evaluation of Regulation (EC) No 2100/94 on Community plant variety rights which is currently open for feedback until 14 March 2025. She also provided a quick update on the long-running litigation about the alleged infringement of at least four of Driscoll’s strawberry patents.
In the latest Tuesday Wonders post, Söğüt Atilla informed readers about IP news and events.
•UCL Institute of Brand and Innovation Law and MARQUES, the European Association of Trade Mark Owners, will hold a hybrid event on 25 March 2025 concerning the latest trade mark disputes in the EU and the UK.
•“WIPO – University of Geneva Summer School on Intellectual Property”, a two-week course will be held from 16 to 27 June 2025. To register and learn more check here.
•The Institute for Information Law will host its annual intensive post-graduate course on international copyright law and policy between 30 June and 4 July 2025 at de Burcht, Amsterdam.
Photo by Asude Sena Moya
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