Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/02/never-too-late-if-you-missed-ipkat-last_10.html

If you’ve been tied up with other things this week, not to worry, here’s your wrap-up of the IP news.

Trade Marks and GIs

A Kat all wrapped up. Image from Pixabay.

Alessandro Cerri discussed a recent decision from the High Court of England & Wales, which found that the packaging of Aldi’s own-brand cloudy lemon cider product had not infringed Thatchers Cider Company’s trade mark.

Marcel Pemsel informed readers about the latest CJEU decision on exhaustion, which addressed issues about the burden of proof for establishing that the conditions for exhaustion have been satisfied.
Anastasiia Kyrylenko analysed the recent GI infringement case from the Paris Court of Appeal about the PGI “Canard à foie gras du Sud-Ouest”. Although the products in question (potatoes and duck meat) were not comparable, the Court found that there was evocation of the PGI.

Patents

Anna Maria Stein shared the news that the Unified Patent Court (UPC) and Italy had signed the Milan headquarters’ Agreement. This seat of the Central Division replaces the former London section. It will have jurisdiction over patent disputes in the “human necessities” sector (such as pharmaceutical and medical device industries, agricultural industry, food industry, and more).

Copyright and Designs

Hayleigh Bosher evaluated the excitement about Walt Disney Animation Studios’ Steamboat Willie entering into the public domain in the US, along with many other works. She discussed the uses that others can now make of the Mickey Mouse character.

Kevin Bercimuelle-Chamot discussed the recent case about the infringement of copyright and unregistered Community designs for a T-shirt design with the words “ARMS ARE FOR HUGS” on it. The Paris Court of Appeal found that the T-shirt failed to meet some of the criteria for copyright and design protection respectively.

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