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

    http://ipkitten.blogspot.com/2023/01/never-too-late-if-you-missed-ipkat-last_19.html Here’s the latest weekly summary of the different topics analysed by the Kats in last week’s posts. Trademarks Image by Riana Harvey Puma or Rolex – Which is more famous? Marcel Pemsel discussed in his post the challenging question linked to trade mark scope of protection and to the influence... Continue reading

     
  • Are watches and clothing dissimilar goods? Yes, says the GC

    http://ipkitten.blogspot.com/2023/01/are-watches-and-clothing-dissimilar.html  Are watches and clothing dissimilar goods? Yes, says the GC  The question of similarity among some of the goods included in classes 25 and 14 is often challenged when opposing trade mark applications. The issue has come several times before EU authorities, most recently before the General Court in... Continue reading

     
  • [Guest post] BAYC sues Ryder Ripps over unauthorized minting of NFTs – Part 2

    http://ipkitten.blogspot.com/2023/01/guest-post-bayc-sues-ryder-ripps-over.html The IPKat is pleased to host the following guest post by Katfriend Paolo Maria Gangi (Studio Gangi) as a “sequel” to his earlier IPKat post discussing the lawsuit brought by BAYC against Ryder Ripps. Here’s what Paolo writes: BAYC sues Ryder Ripps over unauthorized minting of NFTs – Part... Continue reading

     
  • Gold Standard test for novelty reigns supreme, even for subranges (T 1688/20)

    http://ipkitten.blogspot.com/2023/01/gold-standard-test-for-novelty-reigns.html The Board of Appeal decision in T 1688/20 rejects the usual tests for assessing the novelty of subranges, in favour of applying the Gold Standard test of novelty. In doing so, the Board of Appeal diverges from the established case law and Guidelines for Examination on the novelty of subranges.... Continue reading

     
  • Guest Book Review – Tritton on Intellectual Property in Europe

    http://ipkitten.blogspot.com/2023/01/guest-book-review-tritton-on.html This book review is brought to you by Rosie Burbidge, London based IP partner at Gunnercooke. Find out more about Rosie here.  Tritton on Intellectual Property in Europe is now in its Sixth Edition. This weighty tome from Sweet & Maxwell is edited by Richard Davis, Thomas St Quintin... Continue reading

     
  • [Guest post] No small feat: Converse wins Dutch Supreme Court case on trade mark exhaustion

    http://ipkitten.blogspot.com/2023/01/guest-post-no-small-feat-converse-wins.html The IPKat has received and is pleased to host a new contribution by former GuestKat Jan Jacobi. Here’s what Jan writes: No small feat: Converse wins Dutch Supreme Court case on trade mark exhaustion by Jan Jacobi As explained in an earlier blog, proving trade mark exhaustion (within the... Continue reading

     
  • Another case of catastrophic comma loss (T 1473/19): Interpreting the claims in view of the description

    http://ipkitten.blogspot.com/2023/01/another-case-of-catastrophic-comma-loss.html The Board of Appeal in the recent decision T 1473/19 revoked a patent for added matter following a normal interpretation of the claims that lacked basis in the description. The discrepancy between the meaning of the claims and the description was the result of a loss of commas delineating a crucial sub-clause... Continue reading

     
  • Sunday Surprises

    http://ipkitten.blogspot.com/2023/01/sunday-surprises.html Attending a conference is also a Kat-affair Another week has passed and here are the latest opportunities and events to find out about. Events 19 January 2023: “Vintage Brands and the New Bad Faith Conundrum” Fide Foundation and TIPSA (Transatlantic Intellectual Property Academy) will hold the 24 Global Digital... Continue reading

     
  • Slogan automatically protected as a trade mark? A recent take of the Italian Supreme Court

    http://ipkitten.blogspot.com/2023/01/slogan-automatically-protected-as-trade.html The registrability of slogans as trade marks was examined not too long ago by the First Board of Appeal the EUIPO. By its decision in Case R 664/2022-1 the Board of Appeal refused the application for the registration of the slogan “TAKE FIVE” (reported by the IPKat here). More... Continue reading

     
  • Puma or Rolex – Which is more famous?

    http://ipkitten.blogspot.com/2023/01/puma-or-rolex-which-is-more-famous.html A challenging question, isn’t it? As different as these brands may be, both are certainly well-known among the general public. While Puma’s sportswear is more present in the everyday life of consumers, Rolex watches enjoy a more luxurious aura. So one could argue that both trade marks should have... Continue reading