The IPKat BLOG – Page 37

In: The IPKat BLOG

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
In: The IPKat BLOG

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
In: The IPKat BLOG

[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
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Saturday Sundries

http://ipkitten.blogspot.com/2024/06/saturday-sundries.html Stay updated in the IP world this week: upcoming events, call for papers and job opportunities are waiting for you! cat-friendly news Forthcoming events and call for papers On June 21, 2024, the Milan Bar Association is organizing a conference on “IP and Ethics: Italian and French... Continue reading
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“Using AI tools to help assess inventive step”: A response to the CIPA journal article

http://ipkitten.blogspot.com/2024/06/using-ai-tools-to-help-assess-inventive.html The cover article of the May 2024 edition of the CIPA Journal proposed a new test for inventive step using AI. The article was inspired by the EPO’s AI assisted search tool, AI-PreSearch. The CIPA journal article proposes to use an AI derived measurement of semantic similarity between the claims and... Continue reading
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You can build a lot with LEGO – But also your own design law?

http://ipkitten.blogspot.com/2024/06/you-can-build-lot-with-lego-but-also.html Designs are meant to protect the appearance of the whole or a part of a product. In order to minimize the overlap with technical IP rights, no protection is granted for designs whose appearance is solely dictated by their technical function (Art. 8(1) Community Design Regulation (‘CDR’)) or where... Continue reading
In: The IPKat BLOG

[Guest post] Bad faith or business-savvy? Lessons from recent EU General Court’s ruling

http://ipkitten.blogspot.com/2024/06/bad-faith-or-business-savvy-lessons.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Patricia Trofin (Hogan Lovells), commenting on a recent decision of the EU General Court on the elusive concept of bad faith in trade mark law. Here’s what Patricia writes: Bad faith or business-savvy? Lessons... Continue reading