In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/movie-titles-and-character-titles-as.html A recent dispute in Nigeria over trade mark registration and possible proprietorship over a movie title and a title character has brought to the fore questions regarding the processes and procedures at the Trade Mark Registry and whether movie titles and title characters without more should be registrable as... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/european-commissions-draft-standard.html Further to her post of last week, Kat friend Roya Ghafele now discusses the proposed SEP regulation as published by the European Commission. With only a few minor tweaks to the various leaked versions we saw beforehand, the European Commission went forward with its Standard Essential Patents (SEPs) Regulation... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/informa-connects-standards-patents.html Kat-gathering The IPKat is pleased to report that the ‘Standards & Patents: Law & Litigation’ conference, organized by Informa Connect, returns to London (Leonardo Royal Hotel London St. Paul’s) on 23-24 May. The conference features a line-up of expert speakers from companies such as Nokia, Phillips, Qualcomm, Dolby and... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/never-too-late-if-you-missed-ipkat-last.html May has just began and with it a new month of posts are incoming, but here’s what you missed from the IPKat last week! Designs Image by Alice Castro via Pexels Marcel Pemsel commented on the question how to prove disclosure on earlier designs, by considering that the most... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/cultural-meme-as-trademark-registration.html Emeritus Kat, Professor Ilanah Fhima, proposes a provocative approach to signs that have taken on cultural significance. Rebekah Vardy, wife of football player Jamie Vardy, has managed to secure registration of WAGATHA CHRISTIE for a wide range of goods and services. Why is this noteworthy? Unless you were among... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/cjeu-clarifies-connecting-factors-and.html Art. 125 EUTMR provides an elaborate cascade for international jurisdiction of the EU trade mark courts. The defendant must be sued: 1. In the EU Member State in which it is domiciled (Art. 125(1) EUTMR); 2. Absent a domicile in the EU, in the EU Member State where the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/ipr-infringement-in-yellow-and-blue.html In a judgment issued a few days ago, the High Court of England and Wales (the Court) held that Tesco had infringed Lidl’s copyright, trade mark, and rights in passing off vesting in Lidl’s blue-and-yellow logo. However, the case was not completely successful for Lidl, since the Court also... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/to-encompass-and-embody-applying.html It is now some weeks since we received the EBA’s decision in G 2/21 on the standard of evidence required for inventive step (often referred to as the “plausibility” referral). As previously summarised (IPKat), G 2/21 does not change the evidence standard for inventive step. Instead, the main contribution of G 2/21 is... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/general-court-considers-gymnastic-and.html Are toys that fall within the category of ‘gymnastic and sporting articles’ different from toys that fall within the broader category of ‘games and toys’? In a recent decision, the General Court considered the goods covered by the marks in question, namely ‘Games, toys’ and ‘Gymnastic and sporting articles’,... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/05/narrowing-scope-of-protection-of.html Both the EUIPO and General Court have had a tendency to grant a broad scope of protection for purely figurative marks. Below are several examples: Earlier mark Contested mark Decision Low degree of visual and average degree of conceptual similarity (T-364/13) Average degree of visual similarity and high degree... Continue reading
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