The IPKat BLOG – Page 68

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CJEU has received first reference on DSM Directive

http://ipkitten.blogspot.com/2023/10/cjeu-has-received-first-reference-on.html The Court of Justice of the European Union (CJEU) has received its first request for preliminary ruling concerning the interpretation of Directive (EU) 2019/790 (DSM Directive). The referred questions in C-575/23 are not yet available officially but may be accessed in the materials of the national Belgian case that... Continue reading
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The Birkenstock pattern mark saga continues

http://ipkitten.blogspot.com/2023/10/the-birkenstock-pattern-mark-saga.html Birkenstock’s sole pattern is quite well-known and has been the subject of several decision in the EU. As has been reported here, Birkenstock’s pattern mark was considered to lack distinctiveness as an EU and Benelux trade mark. Now, the German Patent Court confirmed that a position mark showing the... Continue reading
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5-year imprisonment for trade mark infringement disproportionate and contrary to EU law, says CJEU

http://ipkitten.blogspot.com/2023/10/5-year-imprisonment-for-trade-mark.html This week, the Court of Justice of the European Union (CJEU) issued a preliminary ruling on enforcement of IP rights (case C-655/21). In its request to the CJEU, the referring Bulgarian court had asked whether Bulgarian criminal penalties for trade mark infringement comply with Directive 2004/48/EC and the Charter... Continue reading
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Inclusion of a lamp in a photograph: French court sheds light on incidental inclusion

http://ipkitten.blogspot.com/2023/10/inclusion-of-lamp-in-photograph-french.html Copyright infringement cases often provide an opportunity to explore exceptions and limitations to copyright. This time this Kat encountered a recent French case involving incidental inclusion, an optional exception/limitation to copyright under EU copyright law [IPKat on incidental inclusion here]. Incidental inclusion of Kats or not Facts Philippe Cuny,... Continue reading
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UPC and language: a transition towards English?

http://ipkitten.blogspot.com/2023/10/upc-and-language-transition-towards.html On 18 October 2023 the President of the UPC Local Division The Hague issued an interesting order allowing the switch of the language of the proceeding from Dutch to English. Background of the case An infringement action was brought before the UPC Local Division of The Hague. The applicant chose... Continue reading
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UPC and Protective Letters: are you really protected?

http://ipkitten.blogspot.com/2023/10/upc-and-protective-letters-are-you.html One of the first preliminary injunctions by the Unified Patent Court was issued by the UPC Local Division of Düsseldorf (Germany). The injunction was granted ex parte despite a Protective Letter having been filed before the filing of the application for preliminary measures. Protective letters at the UPC... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2023/10/never-too-late-if-you-missed-ipkat-last_19.html If you’ve been too busy pumpkin shopping to keep up with the latest news, don’t worry – the IPKat is here to bring you up to speed. Patents This Kat hasn’t quite got the hang of carving Jack-O-Lanterns Katfriend Léon Dijkman provided an update about 10X Genomics v Nanostring – the first-ever injunction... Continue reading
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Thursday Thingies

http://ipkitten.blogspot.com/2023/10/thursday-thingies.html Image via Pexels Another Autumn week is coming to an end, and with the falling leaves come some more interesting IP opportunities. The Herchel Smith Intellectual Property Lecture 2023 The Lecture will take place on Monday 23 October at Ashworth Centre, The Honourable Society of Lincoln’s Inn. The conference will feature a... Continue reading
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UPC Court of Appeal’s first decision extends time limits for filing the Preliminary Objection and the Statement of Defence in some cases

http://ipkitten.blogspot.com/2023/10/upc-court-of-appeals-first-decision.html UPC Court of Appeal (source: UPC official website) The Court of Appeal of the Unified Patent Court (UPC) has issued its first order (this Kat prepared a machine translation in English). Unsurprisingly, given the UPC system only started from 1 June this year the first appellate order relates to... Continue reading
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“And we’re even gonna have a beer” – Tesla’s fight for GIGABIER

http://ipkitten.blogspot.com/2023/10/and-were-even-gonna-have-beer-teslas.html Tesla is undoubtedly fast. Its flagship model can go 322 km/h and accelerates from 0 to 100 km/h in 2,1 seconds. Yet, Tesla was beaten to the punch by a German company, which registered the EU trade mark ‘Gigabier’ one day after Elon Musk’s announcement of Tesla’s intention to... Continue reading