• The never ending story of Brexit – Chapter: EUIPO v Indo European Foods – Act II: The CJEU’s decision

    http://ipkitten.blogspot.com/2024/06/the-never-ending-story-of-brexit.html The Court of Justice of the EU (‘CJEU’) recently published its long-awaited decision in EUIPO v Indo European Foods (case C-801/21 P) concerning the consequences of Brexit for an action before the General Court against a decision of the Board of Appeal (‘BoA’) of the European Union Intellectual Property... Continue reading

     
  • Book Review: Regulating the Synthetic Society: Generative AI, Legal Questions, and Societal Challenges

    http://ipkitten.blogspot.com/2024/06/book-review-regulating-synthetic.html This is a review of “Regulating the Synthetic Society: Generative AI, Legal Questions, and Societal Challenges” by Bart van der Sloot (Tilburg University).  The book is divided roughly into distinct parts: the first three chapters go into some detail to describe various AI technologies, how they work and their real-life... Continue reading

     
  • Brand wars: the never-ending battle against the clones

    http://ipkitten.blogspot.com/2024/06/brand-wars-never-ending-battle-against.html When are goods supposed to be for personal use and when should they be assumed to be used in the course of trade under trade mark law? This question was brought before the District Court of The Hague, and later the Court of Appeal of The Hague, in a... Continue reading

     
  • [Guest post] The current status and future of sound marks

    http://ipkitten.blogspot.com/2024/06/guest-post-current-status-and-future-of.html The IPKat has received and is pleased to host the following guest contribution by Eric Möhlenberg (Friedrich Graf von Westphalen) on various decisions of the Court of Justice of the European Union (CJEU) and the European Union Intellectual Property Office (EUIPO) in regard to sound marks in our everyday... Continue reading

     
  • Wednesday Whimsies

    http://ipkitten.blogspot.com/2024/06/wednesday-whimsies.html The IPKat dreaming of frozen tuna-sicles The sun has been out in strength for two whole days in London, so while everyone slathers aloe vera on their first “commuter sunburn” the IPKat is here to provide some news from the summer IP season.   AIPPI UK’s UPC Event – tomorrow... Continue reading

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

    http://ipkitten.blogspot.com/2024/06/never-too-late-if-you-missed-ipkat-last_24.html If you’ve been too busy enjoying the warmer weather to stay up-to-date with the IP news, here’s the summary of what you missed. We concluded the week with the sad news that Judge Marko Ilešič of the Court of Justice of the European Union (CJEU) passed away on 21 June.... Continue reading

     
  • From Russia, with trademarks? Maintaining IP rights during wartime

    http://ipkitten.blogspot.com/2024/06/from-russia-with-trademarks-maintaining.html After Russia launched its full-scale invasion of Ukraine in February 2022, many brands announced that they would leave the Russian market. But a few years on, the companies are still facing questions about how to handle their intellectual property strategy. Who actually left? Image from Pixabay. If public announcements... Continue reading

     
  • CJEU stands by country-of-origin principle for online service providers

    http://ipkitten.blogspot.com/2024/06/cjeu-stands-by-country-of-origin.html In a recent decision (Joined Cases C‑662/22 and C‑667/22) on the country-of-origin principle in the EU, the Court of Justice of the European Union (CJEU or the Court) clarified that information service providers are only subject to regulation by their home Member State, and that other Member States cannot restrict... Continue reading

     
  • In memoriam: Judge Marko Ilešič (1947 – 2024)

    http://ipkitten.blogspot.com/2024/06/in-memoriam-judge-marko-ilesic-1947-2024.html Judge Marko Ilešič The IPKat was saddened to learn about the passing, on 21 June 2024, of Judge Marko Ilešič of the Court of Justice of the European Union. Our deepest condolences go to Judge Ilešič’s family, friends, and colleagues at this extremely difficult time. As summarized in the... Continue reading

     
  • McDonald’s ‘BIG MAC’ partially cancelled

    http://ipkitten.blogspot.com/2024/06/mcdonalds-big-mac-partially-cancelled.html Even famous trade marks are subject to the requirement of genuine use and may be revoked if the owner does not submit sufficient evidence, as a recent decision from the General Court concerning McDonald’s ‘BIG MAC’ trade mark shows (case T-58/23). Background McDonald’s International Property Co. Ltd (‘McDonald’s’) owns... Continue reading