In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/07/is-it-bad-faith-to-pay-homage-to.html There are brands that, after a successful run, fall into oblivion. Then, several years later, they are revived and experience renewed success. From an IP perspective, it might be the case that – together with the oblivion these brands fall into – the related trade mark registrations lapse too.... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/07/euipo-sets-out-guidelines-for-trade.html As noted by GuestKat Becky Knott in her earlier post (here), brand owners have been very active in protecting their brands through attempts to secure trade mark registrations in response to the rise of the Metaverse. In recent months, this Kat has been seeing a lot of discussions on... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/07/of-geographical-indications-and-their.html This Kat has recently assisted to a “Track Case Law” webinar, delivered by speakers from the Boards of Appeal (BoA) of the EUIPO. The webinar covered latest judgments of the BoA, General Court (GC) and Court of Justice of the European Union (CJEU). During the discussion, the speakers raised... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/07/artificial-intelligence-is-not-breaking.html The EPO Board of Appeal has published its full decision on the question of whether a machine can be an inventor (J 8/20). The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm (“DABUS”) as the sole inventor at the end of... Continue reading
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
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