The IPKat BLOG – Page 107

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“TAKE FIVE” – the EUIPO Board of Appeal maintains that the slogan is not sufficiently distinctive for registration

http://ipkitten.blogspot.com/2022/09/take-five-euipo-board-of-appeal.html From time to time, this Kat receives queries from clients in relation to the registrability of slogans as trade marks. The Board of Appeal of the European Union Intellectual Property Office (EUIPO) in its recent decision refused a trade mark application for the slogan “TAKE FIVE” in Class 32... Continue reading
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AIPPI Congress (Report 1): Is IP the “bogeyman” in access to Covid-19 vaccines?

http://ipkitten.blogspot.com/2022/09/aippi-congress-report-1-is-ip-bogeyman.html On a classically cool and cloudy San Francisco morning, after an invigorating 7:30AM AIPPI meeting, the AmeriKat worked her way to the first panel session of the at the World AIPPI Congress. This is the first in-person Congress since London hosted in 2019, so it was only apt that... Continue reading
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Position mark consisting of grey tread and outer portion of a tyre devoid of distinctive character for tyres, says EUIPO Board of Appeal

http://ipkitten.blogspot.com/2022/09/position-mark-consisting-of-grey-tread.html Adding to the increasingly abundant case law on unconventional EU trade marks (EUTMs), in the following decision (Case R 197/2021-5) from August this year, the EUIPO Fifth Board of Appeal found that the position mark below, comprising of a tread and outer portion of a tyre in light grey,... Continue reading
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Advertising Regulatory Board NPC & others v Bliss Brands (Pty) Ltd: Advertising regulatory code’s constitutional dimensions clarified

http://ipkitten.blogspot.com/2022/09/advertising-regulatory-board-npc-others.html Earlier in April, the Supreme Court of Appeal of South Africa (SCA) ruled on the appeal brought by the Advertising Regulatory Board (ARB) against the decision of the High Court (discussed on the IPKat here), which held inter alia that the certain provisions of the ARB’s Code of Advertising... Continue reading
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[Guest post] ‘Can’t Be Evil’ NFT license – A tentative NFT worldwide license standard

http://ipkitten.blogspot.com/2022/09/guest-post-cant-be-evil-nft-license.html The IPKat is pleased to host the contribution below by Katfriend Paolo Maria Gangi (Studio Gangi) on yet another NFT-related development [for previous instalments, see here, here, and here]. Here’s what Paolo writes: ‘Can’t Be Evil’ NFT license – A tentative NFT worldwide license standard by Paolo Maria Gangi Can’t Be... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2022/09/sunday-surprises.html August is finally over and September has just arrived. With a new month comes a new post with the best and latest IP events and opportunities. A Kat reflecting on its decisions so far (and, more immediately, if it is worth entering the tunnel) IPKat Team News The IPKat... Continue reading
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Refusal of domestic authorities to enforce copyright breaches human rights, says ECtHR

http://ipkitten.blogspot.com/2022/09/refusal-of-domestic-authorities-to.html Is a country’s failure to ensure the protection of IP rights a breach of human rights, more precisely the right to the peaceful enjoyment of one’s own possessions under Article 1 of Protocol No. 1 to the European Convention of Human Rights (ECHR)? This is what the European Court... Continue reading
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Are cats and tigers alike? EU General Court considers that there is a likelihood of confusion between ‘Tigercat’ and ‘Cat’

http://ipkitten.blogspot.com/2022/09/are-cats-and-tigers-alike-eu-general.html The IPKat is pleased to learn that, at least according to the General Court, Kats are indeed like tigers. In a judgment (Case T-251/21 Tigercat Inc v EUIPO) released earlier this summer, the General Court held indeed that there was a likelihood of confusion, pursuant to Article 8(1)(b) of... Continue reading
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Book review: Copyright, Creativity and Big Media

http://ipkitten.blogspot.com/2022/09/book-review-copyright-creativity-and.html This is a book review of ‘Copyright, Creativity, Big Media and Cultural Value: Incorporating the Author’, by Professor Kathy Bowrey, UNSW, Sydney. Bowrey is a legal historian and socio-legal researcher whose research explores laws and practices that inform knowledge creation and the production, distribution and reception of technology and... Continue reading
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Everybody is (finally) kung fu fighting – Bruce Lee related trade mark dispute in China

http://ipkitten.blogspot.com/2022/09/everybody-is-finally-kung-fu-fighting.html Readers may recallthat Bruce Lee Enterprises (the estate of the late well-known Chinese American martial artist Bruce Lee) filed a lawsuit against “Real Kungfu” (“真功夫”) fast-food chain for using Bruce Lee’s image without permission before the Shanghai Second Intermediate Court (上海市第二中級人民法院) back in 2019. Where this Kat is based,... Continue reading