In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/the-non-systematic-relevance-of-earlier.html A mathematical discovery and a trade mark at once? A few days ago, the Court of Justice of the European Union (CJEU) issued its judgment in the important Gömböc referral (C-237/19) [see here for a discussion of the background]. The decision, which is analyzed in detail on The IPKat here... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/05/the-cjeu-again-on-3d-trademarks-gomboc.html On 23 April 2020, the Court of Justice of the European Union (CJEU) issued its ruling in Gömböc, C-237/19, ECLI:EU:C:2020:296, concerning the interpretation of Article 3(1)(e)(ii) and (iii) of the previous Trade Mark Directive 2008/95 (now Article 4(1)(e)(ii) and (iii) of Directive 2015/2436). The request for a preliminary ruling... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/04/skykicked-high-court-confirms-trade.html The SkyKick saga continues. Decision number three by Mr/Lord Justice Arnold in the High Court [2020] EWHC 990 (Ch), this time to apply the law (as clarified by the CJEU’s January 2020 judgment – KatPosts here, here and here) to the facts (as found by the judge at first... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/04/euipo-grand-board-of-appeal-invalidates.html In an important decision concerning a declaration of invalidity, the EUIPO Grand Board of Appeal held that the figurative mark depicted below was deceptive and had been filed in bad faith within the meaning of Articles 7(1)(g) and 59(1)(b) of the EU Trade Mark Regulation (EUTMR): The case is... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/04/dr-michael-factor-further-remembrance.html The co-founder and longtime blogmeister of IPKat, Jeremy Phillips, has provided his remembrance of Dr. Michael Factor, who passed away earlier this week. Dealing with Michael Factor was one of the most exciting aspects of my time in IP. Truly a personality who was larger than life, his vast... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/04/in-memoriam-dr-michael-factor.html The intellectual property community in Israel, and followers of the IP blogosphere world-wide, are stunned by the news that our colleague, Dr. Michael Factor, passed away earlier this week, at a tragically young age (around 50 years of old). Michael, a native of London, held a Ph.D. in physics,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/04/us-supreme-court-rules-official-georgia.html As a longstanding matter of public policy under U.S. copyright law, government edicts are ineligible for protection. Justice Harlan described the principle in 1898: “no one can obtain the exclusive right to publish the laws of a state in a book prepared by him.” A question has however persisted: what falls... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/04/tuesday-thingies.html Quarantine hobbies Webinars and conferences After a detailed round-up of most recent developments in EU trade mark law, CJEU copyright decisions and national copyright decisions, JIPLP is now out with a series of live webinars. They will start tomorrow, April 29, with a live webinar on developments in the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/04/is-covid-19-nietzschean-moment-for.html This Kat had the luxury of studying medieval history for his first degree, before being tasked with finding a path to gainful employment. One of the highlights was a session on the Black Death (1347-1351), which reportedly killed between 30%-60% of the population in Europe. What remains with this... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2020/04/guestpost-nadorcott-case-shifting-plant.html Gary (and the CJEU) takes a bite out of a plant variety Plant variety rights are the often ignored rights of the IP world. There are few cases. Most IP lawyers will never see a plant variety issue cross their desks. But, when they do, they raise fascinating issues. ... Continue reading
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