In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/07/unconventional-fashion-trade-marks-how.html This week I attended the IP Case Law Conference, organized by the European Union Intellectual Property Office in what was factually accurate and often referred to during the 2-day event as “sunny Alicante”. This year’s edition also celebrated the 25 years of the EUIPO Boards of Appeal. The conference,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/07/euipo-fifth-board-of-appeal-considers.html Three-dimensional marks are notoriously difficult to register. Concern is often expressed that design rights that are limited in time may be unduly extended in perpetuity through trade mark registrations and thus extended to create a monopoly for a particular shape. All this said whether or not a three-dimensional shape... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/07/patient-compliance-and-broken-technical.html A recent interesting case from the EPO Boards of Appeal (T 0752/19) straddled the technical fields of pharmaceuticals and computer-implemented methods. The case considered whether an overall technical effect could be found in a known drug combo for use in the treatment in combination with a computer program for improving... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/07/us-copyright-office-advises-not-to.html In 2019, the EU legislature introduced an EU-wide related right (Article 15 of the DSM Directive, on which see Katposts here) for EU-based press publishers in relation to online uses of their press publications by information society service providers, including news aggregation services, social media, and search engines. But... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/07/italian-supreme-court-considers-search.html In 2000, the EU legislature adopted the landmark Ecommerce Directive, which provides – at certain conditions – for limitations of liability of certain information society service providers (ISSPs) as potentially arising out of illegal activities committed by users of their services. The Ecommerce Directive safe harbours are available to... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/cjeu-confirms-extrajudicial-costs-are.html In IP infringement cases, the compensation of extrajudicial/out-of-court costs is a tricky subject. It is not uncommon that the infringing party may be willing to cease the infringement, but unwilling to compensate all the legal costs claimed. In various Member States, law firms have built a business model on... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/uk-government-will-introduce-new-text.html The UK government has published its response to its consultation on Intellectual Property and Artificial Intelligence. Back in 2021, the UK IPO undertook a consultation on AI and IP covering: copyright in works made by AI; text and data mining using copyright material; and patents for inventions devised by AI.... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/guest-post-bayc-sues-ryder-ripps-over.html The IPKat is pleased to host the guest contribution below by Katfriend Paolo Maria Gangi (Studio Gangi) on a very recent development concerning NFTs and IP. Here’s what Paolo Maria writes: BAYC sues Ryder Ripps over unauthorized minting of NFTs by Paolo Maria Gangi Ryder Ripps The Bored Apes... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/sunday-surprises.html Summer is at its height and so are the temperatures in most of Europe. While enjoying (or not) this heatwave, check the latest IP events and opportunities to be cool for the summer! Events A Kat ready to enjoy the summer EUIPO – 25 Years of the Board of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/guest-post-retromark-volume-xi-last-six.html Darren Meale of Simmons & Simmons presents the eleventh volume in his rundown of notable trade mark cases over the past six months. A bumper crop of candidates presented themselves for inclusion in this volume, these are the 10 that made the cut. 1. No time to rebrand as... Continue reading
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