In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/11/originality-in-copyright-law-objective.html The GUIs at issue in THJ What does originality in copyright law mean? This is an evergreen – yet still vexed – question. Recently, it was tackled once more by the Court of Appeal of England and Wales in a case – THJ v Sheridan [2023] EWCA Civ 1354... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/11/prosecco-plant-variety-or-geographical.html Tensions have once again bubbled up to the surface in the dispute between Australia and the European Union about protection of the sparkling wine, ‘Prosecco’, as a geographical indication. This time, the competing views were laid bare in the recent judgment of the Singapore Court of Appeal in Consorzio di Tutela... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/11/guest-post-harmonization-of-uzbekistans.html The IPKat has received and is pleased to host the following guest contribution by Katfriends by Javohir Kurbonov and Khalil Jurayev (both Prolegals Law Firm) on some recent developments in the trademark law of Uzbekistan. Here’s what they write: Harmonization of Uzbekistan’s legislation with international treaties. What does it... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/11/tour-de-ffrance-vs-tour-de-france-la.html This Kat was made aware that last summer, during the 2023 Tour de France, the Paris Court of Appeal handed down a ruling concerning this very cycling competition. What a coincidence, this Kat thought! More specifically, the Court of Appeal considered the question whether the “TOUR DE FRANCE” trade... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/11/guest-post-dutch-ip-battle-about-hyped.html The IPKat has received and is famished delighted to host the following guest contribution by Katfriends Robbert Sjoerdsma and Annelotte Boot (both Holla Legal & Tax) regarding a dispute concerning the … Crompouce®. Wondering what a crompouce is? Then read on! Dutch IP battle about the hyped “Crompouce®”- a... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/11/how-distinctive-are-faces.html There are three things I always forget. Names, faces and… the third I can’t remember. This quote from the Italian writer Italo Svevo could have been the motto of the EUIPO when it rejected the trade mark applications for real-life pictures of the faces of Dutch models Puck Schrover... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/11/grana-padano-pdo-and-collective-mark.html In a recent decision (R 1073/2022-5) that helps to clarify the relationship between EU collective marks and protected designations of origin (PDOs), the Fifth Board of Appeal of the EUIPO (the Board) held that the Grana Padano Protection Consortium (GPPC) could benefit from both a collective mark registration and a PDO... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/11/clarity-on-interpretation-of-g221-from.html The full written decision of the Board of Appeal in T 0116/18, the referring Board to G2/21, was published today. Whilst we have already had a number of Board of Appeal decisions interpreting G2/21 (IPKat), the decision in T 0116/18 provides the most comprehensive analysis so far. The Board of Appeal’s interpretation of G2/21 in T 0116/18 is also fascinating for its... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/11/can-geometric-signs-on-footwear-be.html By decision of 9 October 2023, the Board of Appeal (BoA) of EUIPO annulled the initial refusal to register a position trade mark for footwear. After noting that consumers are accustomed to the presence of geometric signs in the footwear sector, the Board of Appeal ruled that the contested... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/11/guest-post-retromark-volume-xiii-last.html Darren Meale of Simmons & Simmons presents the thirteenth volume in his rundown of notable trade mark cases over the past six months. Over to Darren: Retromark Volume XIII: the last six months in trade marks by Darren Meale I can only apologise for having again taken longer than... Continue reading
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