The IPKat BLOG – Page 24

In: The IPKat BLOG

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
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Friday Fantasies

http://ipkitten.blogspot.com/2024/06/friday-fantasies.html Some ‘graceful’ sunbathing ahead of the weekend With summer officially started in the Northern hemisphere, not only are we enjoying the longest (sunny) days of the year but also new events and opportunities in the IP field. Take a look below and do not forget to regularly check the... Continue reading
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[Guest post] EPLIT’s Stockholm Congress Report

http://ipkitten.blogspot.com/2024/06/guest-post-eplits-stockholm-congress.html The IPKat has received and is pleased to host this guest post by former GuestKat Gabriele Girardello (Pavia e Ansaldo), recapping the recently annual meeting of the European Patent Litigators Association (EPLIT). Over to Gabriele: EPLIT’s Stockholm Congress Report by Gabriele Girardello Last week, this Katfriend had the opportunity... Continue reading
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[Guest post] Animated designs – revisited under current and future EU design law

http://ipkitten.blogspot.com/2024/06/guest-post-animated-designs-revisited.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on the status of protecting animated digital or virtual designs under EU design law. Here’s what Henning writes: Animated designs – revisited under current and future EU design law by... Continue reading
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Fresco removal might amount to moral rights infringement

http://ipkitten.blogspot.com/2024/06/fresco-removal-might-amount-to-moral.html The presence of works of art in the street or inside public buildings is nothing new. It’s part of everyday visual life [IPKat here, here and here]. Exposing the tangible support of a work to the vagaries of the climate or destroying it outright, might however raise copyright issues,... Continue reading
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Time’s Up! Warner Chappell Music, Inc. v. Nealy and the Discovery Rule Saga

http://ipkitten.blogspot.com/2024/06/times-up-warner-chappell-music-inc-v.html The Florida wild bobcat ponders the implications of the latest SCOTUS decision. In 2018, Sherman Nealy, a Miami based producer, sued Atlantic Records, Warner Chappell, and Artist Publishing Group in Florida federal court over the unauthorised interpolation of the 1984s track “Jam the box” in Flo Rida’s “In the Ayer,” which... Continue reading
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[Guest post] 2004, 2007, 2014, 2024 – Four lives for the Crocs design?

http://ipkitten.blogspot.com/2024/06/guest-post-2004-2007-2014-2024-four.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg) on the most recent EUIPO decision relating to invalidity of RCD No 257001-0001 covering the appearance of the famous Crocs design. Here’s what Henning writes: 2004, 2007, 2014, 2024 –... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/06/never-too-late-if-you-missed-ipkat-last_17.html If you’ve been too busy to keep up with the IP news, here’s the summary of what you missed last week: Patents and Designs Photo from MolnarSzabolcsErdely via Pixabay. Rose Hughes responded to an article in the CIPA Journal (May 2024) that proposed a new test for inventive step using AI.... Continue reading
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Who is the queen of fruits?

http://ipkitten.blogspot.com/2024/06/who-is-queen-of-fruits.html The reputation of a trade mark leads to a broader scope of protection. But it can also help defend against earlier rights, as a recent decision from the General Court shows (case T-79/23). Background Chiquita Brands LLC (‘Chiquita’) filed an application for registration of EU trade mark ‘CHIQUITA QUEEN’.... Continue reading
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From conceptual art to AI: On the Druet/Cattelan dispute and authorship of works made by someone other than the “author”

http://ipkitten.blogspot.com/2024/06/from-conceptual-art-to-ai-on.html La Nona Ora When it comes to contemporary art, I must admit at the outset that there are fewer artists who I find more enticing, fun and provocative than Maurizio Cattelan [see here for the recent Comedian dispute in the US]. Having disclosed this “conflict” on my side, a... Continue reading