• In memoriam: Caroline Morgan

    http://ipkitten.blogspot.com/2023/07/in-memoriam-caroline-morgan.html Caroline Morgan  The IPKat was very saddened by the announcement of Caroline Morgan’s recent passing. Caroline was the CEO and Secretary General of the International Federation of Reproduction Rights Organisations (IFFRO). As we read on the IFRRO website: It is with great sorrow that IFRRO mourns the passing of... Continue reading

     
  • [Guest post] Whiskey and dog toys: SCOTUS decision on First Amendment protection for expressive works

    http://ipkitten.blogspot.com/2023/07/guest-post-whiskey-and-dog-toys-scotus.html The IPKat is pleased to host the following guest post by Katfriend Alessandro Cerri regarding the US Supreme Court’s decision in the Jack Daniel’s v VIP IP dispute. Here’s what Alessandro writes: Whiskey and dog toys: SCOTUS decision on First Amendment protection for expressive works by Alessandro Cerri In... Continue reading

     
  • General Court on unauthorised trade mark filing of an agent

    http://ipkitten.blogspot.com/2023/07/general-court-on-unauthorised-trade.html If a (former) distributor believes that they can do a better job at exploiting a principal’s trade mark and files for its registration, the principal can usually file an opposition based on earlier rights. If the application is filed in a country where the principal does not enjoy trade... Continue reading

     
  • The risk of pre-grant description amendments (T 450/20)

    http://ipkitten.blogspot.com/2023/07/the-risk-of-pre-grant-description.html The EPO Boards of Appeal have recently taken an uncompromising approach to claim interpretation. The Board of Appeal decision in T 450/20 is in line with the trend, finding that the description of a patent could not be mined for a definition limiting the meaning of the claims. However, in contrast to another... Continue reading

     
  • Saturday Sundries

    http://ipkitten.blogspot.com/2023/07/saturday-sundries.html Summer is in full swing – yet the IPKat is not chilling by the pool, but rather snacking on the Katfood, so that you don’t have to search for it yourself. Image credits: Riana Harvey Events and publications The Queen Mary Intellectual Property Research Institute joins forces with the Centre... Continue reading

     
  • Emoji: not a trademark for EUIPO (but a contract agreement for a Canadian Court)

    http://ipkitten.blogspot.com/2023/07/emoji-not-trademark-for-euipo-but.html According to the decision of 1st June 2023 (original German version and English machine translation) by the Board of Appeal (BoA) of the EUIPO, the emoji meaning “I love you” cannot constitute a trade mark. Background of the case In 2021 a German company filed application No. 18622650 to... Continue reading

     
  • Valedictory ceremony for Lord Kitchin to be held on 25 July 2023

    http://ipkitten.blogspot.com/2023/07/valedictory-ceremony-for-lord-kitchin.html This Kat just noticed that the valedictory ceremony for Lord Kitchin of the UK Supreme Court will be held on Tuesday 25 July 2023, following the announcement that his Lordship would retire at the end of the legal year in September 2023.  The ceremony will take place in Courtroom... Continue reading

     
  • Standard Essential Patents and SMEs: UKIPO consultation outcome highlights SME worries in SEP licensing

    http://ipkitten.blogspot.com/2023/07/standard-essential-patents-and-smes.html On 5 July 2023 the UK Intellectual Property Office (UKIPO) published the  SEPs questionnaire for SME,small-cap and mid-cap businesses: Summary of Responses. The survey was launched on 21 March 2023 and ended only a month later. The survey was composed of a set of 33 questions which were set to solicit... Continue reading

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

    http://ipkitten.blogspot.com/2023/07/never-too-late-if-you-missed-ipkat-last_11.html Here’s what you missed from the IPKat last week. Patents Henry Yang released the second part of his analysis on the Interdigital v Lenovo FRAND judgement. The analysis focused especially on the Judge’s observation that InterDigital’s practice of heavy discounting for the past was due to two factors: the... Continue reading

     
  • Do names convey a clear and specific concept?

    http://ipkitten.blogspot.com/2023/07/do-names-convey-clear-and-specific.html Names are a classic type of trade marks. But do they convey a concept that allows a conceptual comparison and can they counteract visual and phonetic similarities between trade marks? These are open issues in EU case law. The General Court dealt with both questions in its decisions in... Continue reading