In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/12/general-court-difficulty-of-proving.html The fact that a trade mark has been registered without opposition is no free pass for the trade mark owner. Conflicts can arise years after registration. One of the defences that can be raised in EU trade mark law is acquiescence (Art. 61(1),(2) EUTMR). The threshold for this defence... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/12/never-too-late-if-you-missed-ipkat-last_9.html If you missed out on The IPKat last week, then join this Kat for a catch up on the latest IP cases, news, and opportunities. Image by Riana Harvey Trade Marks Jocelyn Bosse considered the Federal Court of Australia’s judgment in Caporaso Pty Ltd v Mercato Centrale Australia Pty... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/12/italian-language-trade-marks-raise.html Ten years after the well-known decision in Cantarella Bros v Modena Trading, the Federal Court of Australia has engaged with another case about the consumer understanding of trade marks with Italian language elements. On Friday, the Full Court delivered its judgment in Caporaso Pty Ltd v Mercato Centrale Australia Pty... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/12/cjeu-rules-on-vertical-direct-effect-of.html IPKat-approved vertical direct effect As students of EU law know, a key principle – which the now Court of Justice of the European Union (CJEU) recognized for the first time in the landmark 1963 judgment in Van Gend en Loos – is that of direct effect of EU law. Insofar... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/12/sunday-surprises_01740882524.html Check our usual round-up for a weekly selection of opportunities, vacancies and events to attend! Conferences and calls for papers The role of universities in safeguarding academic freedom: the age of trade secrets (12 December 2024) On December 12, 2024, Jens Schovsbo will deliver a lecture at the European... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/12/challenging-nestles-fitness-for-trade.html On 27 November, the EU General Court rendered a decision (T-799/21) marking a significant milestone in the 13-year long trade mark battle between European Food SA (European Food) and Société des produits Nestlé SA (Nestlé). The General Court, in essence, found that submitting evidence for the first time at... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/12/navigating-re-establishment-of-rights.html Uh oh… With the chill in the air, the AmeriKat thought it was a good time to refresh the other chilling sensation – re-establishing rights when you miss EPO procedural time limits. At the helm to steer you through these icy waters is KatFriend, Ian Jones at GJE in London... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/12/upckat-upc-court-of-appeal-confirms.html Getting harder to turn your back on the UPC? The UPCKat is back with an analysis of last month’s critical opt-out decision in AIM v Supponor. With our guest UPCKat team in the form of guest UPCKat John Snape, and members from the team at Carpmaels, this post will... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/12/guest-post-benelux-office-rules-on.html The IPKat has received and is pleased to host the following post by former GuestKat Jan Jacobi (BarentsKrans) concerning a recent trade mark decision of the Benelux IP Office in which the brief in support of an opposed trade mark application had been prepared by … ChatGPT. Here’s what... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/12/never-too-late-if-you-missed-ipkat-last.html If you missed The IPKat last week, then join this Kat in keeping up with the latest IP news. Trade marks and GIs Alessandro Cerri reported on a recent decision of the Fifth Board of Appeal of the EU Intellectual Property Office concerning the likelihood of confusion between two... Continue reading
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