The IPKat BLOG – Page 138

In: The IPKat BLOG

No IP, no right to information? CJEU to clarify scope of article 8 Enforcement Directive

http://ipkitten.blogspot.com/2022/01/no-ip-no-right-to-information-cjeu-to.html Under article 8(1) of the Enforcement Directive (Directive 2004/48/EC) a claimant in infringement proceedings can request a court to order certain parties to disclose information. This so-called ‘right to information’ includes information on the origin of the infringement (e.g. who manufactured the counterfeit goods) and its extent (the quantities... Continue reading
In: The IPKat BLOG

Sunday Surprises

http://ipkitten.blogspot.com/2022/01/sunday-surprises_30.html January is nearly over and it seems almost impossible to catch up with how fast time is going by. However, it is never impossible to catch up with the best IP events. Check this week’s events and a small note from our PermaKat Neil Wilkof. Every time is IPKat... Continue reading
In: The IPKat BLOG

Never Too Late: If you missed the IPKat the past 2 weeks!

http://ipkitten.blogspot.com/2022/01/never-too-late-if-you-missed-ipkat-past.html The IPKat has published several posts over the past two weeks! Here they are in case you missed them: TRADE MARKS Katfriend Marijus Dingilevskis posted on a recent decision of the Lithuanian Supreme Court, which states that even if a trade mark has been registered in the international register for 40... Continue reading
In: The IPKat BLOG

General Court to decide whether consumables are component parts of complex products (T-617/21)

http://ipkitten.blogspot.com/2022/01/general-court-to-decide-whether.html The EUIPO’s Board of Appeal recently addressed whether consumables shall be regarded as component parts of complex products (R2843/2019-3). The BoA decision has been appealed, so the General Court (and potentially, the Court of Justice) will provide guidance as to whether consumables fall under the scope of Art. 4(2)... Continue reading
In: The IPKat BLOG

Chanel is reminded: trademark territoriality still matters

http://ipkitten.blogspot.com/2022/01/chanel-is-reminded-trademark.html Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. Kat friend Marijus Dingilevskis reminds us of this in reporting on a recent decision by the Lithuanian Supreme Court. On 12 January 2022, the Lithuanian Supreme Court... Continue reading
In: The IPKat BLOG

Volkswagen is a happy camper as BoA upholds its EU trade mark opposition

http://ipkitten.blogspot.com/2022/01/volkswagen-is-happy-camper-as-boa.html 3D trade marks are always a topic of interest, with some proprietors despairing as to whether trade mark law will provide them with any practical protection. The recent decision of the EUIPO’s Board of Appeal may provide some comfort. In its decision, the BoA considered whether two 3D trade... Continue reading
In: The IPKat BLOG

Using that classic piece of art on a book cover: Grr…

http://ipkitten.blogspot.com/2022/01/using-that-classic-piece-of-art-on-book.html Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the “classical”, the artwork also seeks... Continue reading
In: The IPKat BLOG

Monday Miscellany

http://ipkitten.blogspot.com/2022/01/monday-miscellany.html Some of us may be counting the days till it’s finally spring, but this Kat is still enjoying the wonders of winter. While spring is not here yet, get comfortable with new IP events. A Kat enjoying the wonders of winter. Events French Patent and Trade Mark Office (INPI)... Continue reading
In: The IPKat BLOG

EU General Court upholds finding of partial invalidity of the Moon Boot shape trade mark

http://ipkitten.blogspot.com/2022/01/eu-general-court-upholds-finding-of.html Can something be simultaneously iconic and lack distinctiveness under trade mark law? Last week, the General Court (GC) answered this question in the affirmative in its decision in T-483/20 Tecnica Group, concerning trade mark protection of the shape of an icon of Italian fashion design and history: the Moon... Continue reading
In: The IPKat BLOG

Düsseldorf Regional Court grants second-medical use injunctions for Novartis Afinitor cancer treatment

http://ipkitten.blogspot.com/2022/01/dusseldorf-regional-court-grants-second.html The AmeriKat is stunnedby the number of injunctionsbeing granted in Düsseldorf A recent series of German injunctions (on the merits) granted by the Düsseldorf Regional Court in respect of generic versions of Novartis’ Afinitor (everolimus) has been flagged to the AmeriKat’s attention by a dear Scottish Kat friend. Why are they... Continue reading