The IPKat BLOG – Page 17

In: The IPKat BLOG

NOT MILK IS NOT DISTINTICTVE, SAYS THE GENERAL COURT

http://ipkitten.blogspot.com/2024/05/not-milk-is-not-distintictve-says.html By decision of 8 May 2024 (T-320/23, only available in Spanish), the General Court (GC) confirmed that the sign “NOT MILK” is descriptive of the products in classes 29 and 32, and that the graphical elements do not significantly alter its descriptive nature. Background of the case On... Continue reading
In: The IPKat BLOG

Louis Vuitton successful against knock-off trade mark

http://ipkitten.blogspot.com/2024/05/louis-vuitton-successful-against-knock.html Famous trade marks are often not only the target of product pirates but also of applicants who try to push the boundaries and find the ‘blind spot’ of trade mark law where their sign is sufficiently similar to evoke a famous trade mark but not similar enough to fall... Continue reading
In: The IPKat BLOG

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

http://ipkitten.blogspot.com/2024/05/never-too-late-if-you-missed-ipkat-last_13.html If you were too distracted by looking for aurora borealis/australis last week (or just enjoying everyone else’s photographs of the phenomenon), here’s the summary of what you missed. Trade Marks and GIs A Kat enjoying the night sky. Image from Pixabay. This Kat discussed the news that a $400... Continue reading
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Stretching the cheese: Contradictory evidence for a purported technical effect relied on for inventive step (T 0629/22)

http://ipkitten.blogspot.com/2024/05/stretching-cheese-contradictory.html T 0629/22 considered how the credibility/plausibility of a claimed invention should be addressed in the face of contradictory evidence for the technical effect relied on for inventive step. The evidence requirement for inventive step was recently considered by the Enlarged Board of Appeal (EBA) in G 2/21. Neither G 2/21 nor the subsequent decision... Continue reading
In: The IPKat BLOG

[UPCKat] Access to confidential information by parties and the public in the UPC

http://ipkitten.blogspot.com/2024/05/upckat-access-to-confidential.html The UPCKat trying to keep confidentialinformation confidential in the UPC As part of our UPCKat reporting on the latest UPC developments, the IPKat brings readers a roundup of how the UPC is treating confidentiality and third party access to court documents. With our guest UPCKat team in the form of... Continue reading
In: The IPKat BLOG

Italian Supreme Court refers questions to CJEU on conflicts between GIs and trade marks

http://ipkitten.blogspot.com/2024/05/italian-supreme-court-refers-questions.html Last month, the Corte Suprema di Cassazione (the Italian Supreme Court) considered a matter concerning conflicts between trade marks and geographical indications for wines. The case, which concerned the Salaparuta PDO from Sicily, exposed some interpretative issues and has prompted a referral of two preliminary questions to the Court... Continue reading
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Saturday Sundries

http://ipkitten.blogspot.com/2024/05/saturday-sundries.html Here are the latest IP-related events to find out about. Also, do not forget to regularly check the IPKat Events page! A Kat waiting for new IP events Events 14 June 2024: Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy online workshop On 14 June 2024, Peter Mezei,... Continue reading
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What’s in a trademark? By any other name, would a $400 pineapple taste as sweet?

http://ipkitten.blogspot.com/2024/05/whats-in-trademark-by-any-other-name.html The fruit industry news has been abuzz this week with reports that a new pineapple will soon be hitting the market in the United States. The pineapple, characterised by its red outer skin and produced in very limited quantities in Costa Rica, is being marketed under the name Rubyglow™... Continue reading
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Loro Piana position mark for footwear: not distinctive, says EUIPO

http://ipkitten.blogspot.com/2024/05/loro-piana-position-mark-for-footwear.html By decision of 26 April 2024 (available only in the original version in Italian), the European Union Intellectual Property Office (EUIPO) refused to register a position trade mark for footwear having considered that a band with a knot and ribbons with metal pendants affixed to the template of... Continue reading
In: The IPKat BLOG

Should the EU unify copyright laws?

http://ipkitten.blogspot.com/2024/05/should-eu-unify-copyright-laws.html Kat (re-)unification Should the EU unify the copyright laws of its Member States and introduce, over thirty years after the start of the harmonization process, a unitary copyright title? The short answer is: yes. And that will be unavoidable too. The real question is therefore another: how to go... Continue reading