• [Guest post] The ‘brat’ phenomenon: Exploring cultural influence and IP dynamics

    http://ipkitten.blogspot.com/2024/07/guest-post-brat-phenomenon-exploring.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Spyridon Sipetas (Stockholm University), tackling the IP implications of ‘brat’. You don’t even know what ‘brat’ means? Read on then! The ‘brat’ phenomenon: Exploring cultural influence and IP dynamics by Spyridon Sipetas Summer 2024... Continue reading

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

    http://ipkitten.blogspot.com/2024/07/never-too-late-if-you-missed-ipkat-last_10.html If you were too busy to keep up with last week’s IP news, here’s the summary of what you missed. Trade Marks and Designs Image from Pixabay. Marcel Pemsel evaluated the ruling of the German Supreme Court concerning the 3D trade mark for Volkswagen’s famous ‘Bulli’ vehicle. A model... Continue reading

     
  • Memelords unite! Eighth Circuit rejects fair use of meme in Griner v. King

    http://ipkitten.blogspot.com/2024/07/memelords-unite-eighth-circuit-rejects.html Kats are always right! Several years ago, the IPKat stated that the creation and distribution of GIFs does not necessarily appear to be a safe bet from a copyright perspective under the laws of the EU member states, as it would constitute a prima facie infringement given the closed... Continue reading

     
  • The misadventures of Tintin in the land of parody and freedom of artistic expression

    http://ipkitten.blogspot.com/2024/07/the-misadventures-of-tintin-in-land-of.html The adventures of the young boy with the quiff seem to be an inexhaustible source of copyright disputes [IPKat here or here]. Hergé’s legacy is fiercely defended by Mrs Rodwell and Tintinimaginatio against third parties who draw too much inspiration from his works. In addition to the copyright protection... Continue reading

     
  • Small cars, big trouble reloaded

    http://ipkitten.blogspot.com/2024/07/small-cars-big-trouble-reloaded.html Not too long ago, this Kat discussed here the German Supreme Court judgment DACHSER, confirming that model toys of real-life cars and buildings do not, in principle, infringe the word and figurative trade marks for the real-life products. Volkswagen tried to convince the courts of the opposite by enforcing... Continue reading

     
  • [Guest post] Decoding the General Court in design law – adding matter to the prior art?

    http://ipkitten.blogspot.com/2024/07/guest-post-decoding-general-court-in.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on a brand-new decision issued by the General Court of the European Union on 3 July 2024 in an interesting design case (Case T-329/22). Here’s what Henning writes: Decoding the... Continue reading

     
  • Wednesday Whimsies

    http://ipkitten.blogspot.com/2024/07/wednesday-whimsies.html Have you packed your SPF 70-guaranteed IP books? With summer in full swing in the Northern hemisphere, it might perhaps feel natural to long for things other than IP, but there is plenty of IP-related activity happening before and right after the hot months. Take a look at some... Continue reading

     
  • BREAKING: Referral to the Enlarged Board of Appeal on claim interpretation confirmed (G1/24)

    http://ipkitten.blogspot.com/2024/07/breaking-referral-to-enlarged-board-of.html One or two referrals? We now have confirmation of the referral to the Enlarged Board of Appeal (EBA) on how and if the description should be used to interpret the claims of a patent (G 1/24). The following questions have been referred to the EBA in T 0439/22: 1. Is Article... Continue reading

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

    http://ipkitten.blogspot.com/2024/07/never-too-late-if-you-missed-ipkat-last.html If you spent the last week of June enjoying the warmer weather rather than reading the IP news (for this Kat’s part, she’s been soaking up the Italian sunshine before the ATRIP Conference), here’s the summary of what you missed. Trade Marks A Kat taking a break in the... Continue reading

     
  • Cropping photograph and omitting author’s name may infringe moral rights

    http://ipkitten.blogspot.com/2024/06/cropping-photograph-and-omitting.html There is no doubt that photographs can be protected by copyright [IPKat here, here and here]. This Kat has found a recent ruling issued by the Paris Court of Appeal concerning a copyright infringement dispute involving photographs. This judgment provides an opportunity to examine the concept of originality as... Continue reading