The IPKat BLOG – Page 14

In: The IPKat BLOG

Tetra Laval’s 3D shape mark not exclusively functional, rules EUIPO Board of Appeal (and, no, it’s not automatically bad faith to seek longer IP protection for a successful product)

http://ipkitten.blogspot.com/2025/01/tetra-lavals-3d-shape-mark-not.html Would you say that the circumstance that a container for liquids was protected by a patent disqualifies that same container from being also protected as a shape mark due to the application of the technical functionality absolute ground in Article 7(1)(e)(ii) EUTMR? And is it bad faith to try... Continue reading
In: The IPKat BLOG

Wednesday Whimsies

http://ipkitten.blogspot.com/2025/01/wednesday-whimsies.html It’s a new year, which brings plenty of IP news and opportunities. This Kat is pleased to share the latest updates with readers. Thank you and all the best! Photo by Ioana Motoc via Pexels As we start the new year, the IPKat is sad to say farewell to... Continue reading
In: The IPKat BLOG

ECS’s Opinion on Pelham II and its potential implications for AI-generated pastiches – Part 1

http://ipkitten.blogspot.com/2024/12/ecss-opinion-on-pelham-ii-and-its.html On 6 November last, the European Copyright Society (ECS) published its Opinion on CG and YN v Pelham GmbH and Others, Case C-590/23 (Pelham II), which is currently pending before the Court of Justice of the EU (CJEU) [IPKat here and here]. By referring the case once again to... Continue reading
In: The IPKat BLOG

Blogger issue in posts published by Jeremy and Ilanah

http://ipkitten.blogspot.com/2024/12/blogger-issue-in-posts-published-by.html Merpel immediately contacts the TechieKat when she encounters any tech issues. As such, Merpel proceeded accordingly when she was surprised to discover that posts published by IPKat co-founders Jeremy Phillips and Ilanah Fhima from 2003 to 2006 appeared linked to the TechieKat’s account on Blogger! What happened? 1. Blogger... Continue reading
In: The IPKat BLOG

[Event Report] 34th IPA Congress

http://ipkitten.blogspot.com/2024/12/event-report-34th-ipa-congress.html This TechieKat was thrilled to attend the 34th International Publishers Congress in Guadalajara, Mexico, from 3 to 6 December 2024. As reported here, the International Publishers Association (IPA) held the event. The Mexican Publishers Association (CANIEM) hosted the bi-annual congress in collaboration with the Association of American Publishers (AAP)... Continue reading
In: The IPKat BLOG

[Guest post] Trade mark trouble in Paris: Pierre Cadault’s journey beyond Netflix

http://ipkitten.blogspot.com/2024/12/guest-post-trade-mark-trouble-in-paris.html Pierre Cadault sporting an IPKat-inspired fan The IPKat has received and is pleased to host the following guest contribution by former GuestKat Nedim Malovic (ASSA ABLOY), commenting on a recent decision of the EUIPO Cancellation Division regarding a trade mark registration for ‘Pierre Cadault’, the name of a fictional... Continue reading
In: The IPKat BLOG

General Court: Trade marks for virtual goods and services to be assessed like trade marks for the real goods and services

http://ipkitten.blogspot.com/2024/12/general-court-trade-marks-for-virtual.html The case law on trade marks for virtual products is still developing. The General Court recently added an important decision on the assessment of their distinctive character. Background On 1 July 2022, Glashütter Uhrenbetrieb GmbH applied for registration of EU trade mark no. 018727034 for the following sign: The... Continue reading
In: The IPKat BLOG

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

http://ipkitten.blogspot.com/2024/12/never-too-late-if-you-missed-ipkat-last_30.html Wrapping up another year filled with IP, here is what you might have missed from last week! Book Review dreaming of a purr-fect new year full of IP Jocelyn Bosse reviewed the book “Research Handbook on the History of Trademark Law,” edited by Lionel Bently (University of Cambridge) and... Continue reading
In: The IPKat BLOG

The Plant IP Year in Review 2024

http://ipkitten.blogspot.com/2024/12/the-plant-ip-year-in-review-2024.html Another busy year is coming to an end… and it was particularly eventful for plant variety rights (PVRs) and plant-related IP issues around the world! This Kat has reflected on the legal developments that took place throughout 2024 and considered what readers might expect to see in 2025. EU... Continue reading
In: The IPKat BLOG

[Guest post] Tesla and EUIPO hit the brakes on trade mark troll: EUIPO Cancellation Division invalidates ‘TESLA’ trade mark due to bad faith

http://ipkitten.blogspot.com/2024/12/guest-post-tesla-and-euipo-hit-brakes.html The IPKat has received and is pleased to host the following guest contribution by former GuestKat Nedim Malovic (ASSA ABLOY), commenting on a recent decision of the EUIPO Cancellation Division regarding a trade mark registration for ‘TESLA’ obtained by a so called trade mark “troll”. Here is what Nedim... Continue reading