The IPKat BLOG – Page 146

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Basmati rice’s EU trade mark application raises questions about Brexit and oppositions on the basis of UK law

http://ipkitten.blogspot.com/2021/11/basmati-rices-eu-trade-mark-application.html A few weeks back, this Kat wrote an article about a case which relied on the UK law of passing off in a UK trade mark infringement claim. This time, we have a look at a case which relied on UK passing off to oppose an EU trade mark... Continue reading
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[Guest post] IP entering the Metaverse

http://ipkitten.blogspot.com/2021/11/guest-post-ip-entering-metaverse.html The IPKat is delighted to host the following guest post by Katfriend Nick Kempton (Osborne Clarke) on videogames, IP, and the .. metaverse. Here’s what Nick writes: IP entering the Metaverse by Nick Kempton Fortnite’s own Kat By now most will have heard of the ‘metaverse’. Announcements such as... Continue reading
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[Guest post] Conference report: ‘The Fashion Marketplace: Law and Policy’

http://ipkitten.blogspot.com/2021/11/guest-post-conference-report-fashion.html A few days ago, Fashion Law London held another (online) event – this time focussed on the role of online retail marketplaces. Katfriend Emily Nuttall-Wood (Deloitte Legal) has sent this report: Conference report: ‘The Fashion Marketplace: Law and Policy’ by Emily Nuttall-Wood Having found the insights shared at Fashion... Continue reading
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To be or not to be (a pattern mark) – that is the question!

http://ipkitten.blogspot.com/2021/11/to-be-or-not-to-be-pattern-mark-that-is.html With apologies to Hamlet–when is a mark a pattern mark? Kat friend Jan Jacobi reports on recent cases on this challenging issue involving efforts by Birkenstock to register such a mark. To be a pattern mark: EUIPO v. Birkenstock Birkenstock is the proprietor of a national German mark (see... Continue reading
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Transposing the DSM Directive: the draft Swedish implementation of Article 17

http://ipkitten.blogspot.com/2021/11/transposing-dsm-directive-draft-swedish.html While some countries have already adopted the DSM Directive into their own laws (last week it was the turn of Spain and Italy: see here and here), many are still working full force on implementing it, despite that the deadline has already passed. As to Sweden, a government inquiry... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2021/11/sunday-surprises.html November is here, autumn is in full gear and so is this issue of Sunday Surprises with new IP events and new opportunities. Events This Kat is always amazed by the colours of the leaves in autumn. 4iP Council – Licensing Negotiation Groups: what, why, how 4iP will hold... Continue reading
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CJEU confirms that partial designs may be protected as unregistered designs (but conditions apply)

http://ipkitten.blogspot.com/2021/11/cjeu-confirms-that-partial-designs-may.html The Court of Justice of the European Union last week issued its preliminary ruling in C-123/20 Ferrari. In it, the CJEU confirmed that an Unregistered Community Design under Regulation 6/2002 may vest in a partial design (which the CJEU defines as “a section of the ‘whole’ that is the... Continue reading
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Italy has transposed the DSM Directive

http://ipkitten.blogspot.com/2021/11/italy-has-transposed-dsm-directive.html Merpel celebrated Halloween in Florence Together with Spain [Katpost here], this week it has been Italy’s turn to transpose the DSM Directive into its own law. Next week, the Legislative Decree approved by the Council of Ministers will be published on the Italian Official Journal (Gazzetta Ufficiale). During the summer,... Continue reading
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[Guest post] The subtle line between “historical” and “reputed” marks – a bird’s-eye view

http://ipkitten.blogspot.com/2021/11/guest-post-subtle-line-between.html Under EU trade mark law, trade marks with a reputation are entitled to enhanced protection. But what about ‘historical’ trade marks? Let’s find out more with this analysis by Katfriend Federica Pezza (Hogan Lovells), who looks at how the latter are protected under Italian law in the aftermath of... Continue reading
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[Guest post] At last Spain transposes the DSM Directive

http://ipkitten.blogspot.com/2021/11/guest-post-at-last-spain-transposes-dsm.html Despite the deadline of 7 June 2021, most Member States are still busy transposing the DSM Directive into their own laws. This week it was the turn of Italy (more on that over the weekend) and Spain. Katfriend Miquel Pequera Poch (Universitat Oberta de Catalunya) analyzes the Spanish transposition... Continue reading