The IPKat BLOG – Page 230

In: The IPKat BLOG

EU General Court assesses whether ‘cinkciarz’ is descriptive for banking and exchanging money services (spoiler alert: no, it’s not)

http://ipkitten.blogspot.com/2020/01/eu-general-court-assesses-whether.html Last month, the General Court of the European Union (GC) handed down the decision in case T-501/18 (not available in English). This decision concerns the validity of the word trade mark ‘Cinkciarz’ for goods and services in classes 9, 36 and 41 of the Nice classification for, among others,... Continue reading
In: The IPKat BLOG

The first Spotify Awards and the role played by streaming services in access to digital content

http://ipkitten.blogspot.com/2020/01/the-first-spotify-awards-and-role.html Spotify has announced the launch of its first awards. The ceremony will take place in Mexico City, the “world’s music-streaming mecca” [Merpel says, “Yes, it is true. See below.”].The Awards Life without music is not life! The Spotify Awards will be held on 5 March 2020, which will be... Continue reading
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Meghan Markle and Prince Harry seek to register “Sussex Royal” as a UK trade mark

http://ipkitten.blogspot.com/2020/01/meghan-markle-and-prince-harry-seek-to.html Last June, royal couple Meghan Markle and Prince Harry filed two trade mark applications with the UK Intellectual Property office (UK IPO) to have, respectively, “Sussex Royal” and “Sussex Royal The Foundation of the Duke and Duchess of Sussex”, registered as UK trade marks. Meghan Markle and Prince Harry... Continue reading
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How much trademark protection does a full name enjoy?

http://ipkitten.blogspot.com/2020/01/how-much-trademark-protection-does-full.html Always tricky under trademark law is the treatment of full names. Kat friend Darryl Ho discusses how the matter was recently handled under the always interesting trademark jurisprudence in Singapore. When one uses a full name as a trade mark, to what extent can one rely on that name... Continue reading
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A Kat’s 2019 Copyright Awards

http://ipkitten.blogspot.com/2019/12/a-kats-2019-copyright-awards.html The end of 2019 is upon us – a new year (and decade) of IP developments is fast approaching. Although the IPKat Team is getting some deserved rest these days (it is well-known that Kats spend most of their time asleep), it is again the time of The IPKat’s... Continue reading
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Until When Can Patent Claims Be Limited in Civil Proceedings? Swiss Federal Patent Court Relaxes Strict Practice

http://ipkitten.blogspot.com/2019/12/until-when-can-patent-claims-be-limited.html The last days of the year offer the opportunity to look back to those court cases that will potentially have a lasting impact. While many of the 20+ decisions of the Swiss Federal Patent Court (and counting) issued in 2019 will have clarified and developed substantive points of Swiss... Continue reading
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It’s nearly New Year’s Eve: Why “Tipsy” is such an undesirable mark

http://ipkitten.blogspot.com/2019/12/its-nearly-new-years-eve-why-tipsy-is.html Sometimes this Kat feels compelled to discuss trademarks other than in strictly legal terms. Several years ago he did so in explaining why “COFIX” was his trademark of the year. This time, however, he comes from the other direction: what happens when he finds a mark troubling, even if... Continue reading
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English High Court dismisses Babybel appeal on the 3D red wax-coating UK trade mark

http://ipkitten.blogspot.com/2019/12/english-high-court-dismisses-babybel.html Earlier this month, His Honor Judge Hacon (sitting as a Deputy High Court Judge) issued his ruling in Fromageries Bel SA v J Sainsbury Plc [2019] EWHC 3454 (Ch), confirming the ‘Babybel cheese’ 3D trade mark could not survive an application for a declaration of invalidity. Background Fromageries Bel SA (‘FBSA’) is... Continue reading
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[Guest post] Everybody was kung fu fighting: trade mark vs image rights – who will be the last one standing?

http://ipkitten.blogspot.com/2019/12/guest-post-everybody-was-kung-fu.html The IPKat is pleased to host this guest post by Katfriend Andrea Rossi (LA&P) on a dispute between the estate of the late actor and martial artist Bruce Lee and the holders of trade mark registrations which apparently represent his likeness. Here’s what Andrea writes: Everybody was kung fu... Continue reading
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A Question of Priorities: 2019 Boards of Appeal Year in Review

http://ipkitten.blogspot.com/2019/12/a-question-of-priorities-2019-boards-of.html In the second of IPKat’s 2019 Patent Year in Reviews, we provide a break-down of some of the important Board of Appeal cases published this year . The end of 2019 comes too early for the most highly anticipated appeal case of the times (the Board Institute’s CRISPR appeal),... Continue reading