The IPKat BLOG – Page 8

In: The IPKat BLOG

The shape of a mini sausage is not an evocation of PGI “Nürnberger Rostbratwürste”

http://ipkitten.blogspot.com/2024/10/the-shape-of-mini-sausage-is-not.html In a recent decision, the Regional Court of Munich (LG München) found that the protected geographical indication (PGI) “Nürnberger Rostbratwürste” had not been infringed by a competitor’s mini sausages (33 O 4023/23). The case might well be the first application of the recently adopted Regulation (EU) 2024/1143 on geographical... Continue reading
In: The IPKat BLOG

Bologna Court of Appeal confirms that Italian image rights extend to cultural heritage assets (which cannot be used commercially without authorization)

http://ipkitten.blogspot.com/2024/10/bologna-court-of-appeal-confirms-that.html The Duke’s Aceto Balsamico di Modena … Over the years, The IPKat has reported on the growing body of case law issued by Italian courts concerning the extent to which the Italian Cultural Heritage Code (ICHC) prevents the use of assets belonging to the rich Italian cultural heritage without... Continue reading
In: The IPKat BLOG

[Guest post] UFC-Que Choisir v. Valve: Game over for a second-hand dematerialized video game market in France

http://ipkitten.blogspot.com/2024/10/guest-post-ufc-que-choisir-v-valve-game.html The IPKat has received and is pleased to host the following guest post by Katfriends Jean-Sébastien Mariez and Laura Godfrin (both Momentum Avocats), discussing a very recent ruling of the French Supreme Court regarding second-hand markets for digital goods. Here is what they write: UFC-Que Choisir v. Valve: Game... Continue reading
In: The IPKat BLOG

Revocation for non-use of Baccarat’s EUTM: When proving genuine use is crystal clear

http://ipkitten.blogspot.com/2024/10/revocation-for-non-use-of-baccarats.html It is not uncommon for well-established companies with a business firmly rooted in a given product category to desire expansion. For example, several companies that are primarily engaged in the production of apparel have extended their product lines to encompass home furnishings (and vice versa) (e.g. here or here).... Continue reading
In: The IPKat BLOG

[Book Review] Designs Law and Practice (3rd Edition)

http://ipkitten.blogspot.com/2024/10/book-review-designs-law-and-practice.html This is a review of “Designs Law and Practice (3rd Edition)” by RPC. Formerly published as Sykes: Intellectual Property in Designs, this is a substantially revised and updated new edition which aims to provide a comprehensive but practical reference source for the various IP rights protecting designs, with a focus... Continue reading
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Event reminder (1 day to go!) – IPKat webinar “Image rights in the age of AI: Less is more or more is better?”

http://ipkitten.blogspot.com/2024/10/event-reminder-1-day-to-go-ipkat.html As The IPKat announced earlier this month, TOMORROW (Wednesday, 30 October), we will be running a webinar – kindly hosted by international law firm Bird & Bird LLP on StreamYard – to discuss the present and future of image/publicity rights, also in light of the challenges that AI and... Continue reading
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Monday Miscellany

http://ipkitten.blogspot.com/2024/10/monday-miscellany.html With the end of the year rapidly approaching (including this TechieKat’s favourite holiday, the Day of the Dead), IPKat brings news of the latest IP events and opportunities! Events Liability for AI-generated outputs under copyright law. The Law, Rationalism, and Complexity and the InfoSoc Working Groups of the European... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/10/never-too-late-if-you-missed-ipkat-last_28.html While gearing up for Halloween weekend, you might have missed the IPKat last week. Here’s what was covered: Copyright Image by Riana Harvey Eleonora Rosati commented on Kwantum, a case decided by the Court of Justice of the EU (CJEU) a few days ago. In line with the Advocate... Continue reading
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CJEU rules that EU Member States cannot set their own reciprocity clauses under the Berne Convention

http://ipkitten.blogspot.com/2024/10/cjeu-rules-that-eu-member-states-cannot.html The chair at the centre of the Dutch litigation on its own … Last week, the Court of Justice of the European Union (CJEU) issued its much- (though not long-) awaited judgment in Kwantum, C-227/23, substantially upholding the Opinion of Advocate General (AG) Szpunar [IPKat here], which was only... Continue reading
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[Guest post] Thou shalt not discriminate the Lego block over any other kind of product – GRUR speaks out on C-211/24

http://ipkitten.blogspot.com/2024/10/guest-post-thou-shalt-not-discriminate.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Henning Hartwig (Bardehle Pagenberg; Chair of the Committee for Design Law of the German Association for the Protection of Intellectual Property) on the comments the GRUR Committee for Design Law submitted on the request... Continue reading