• Trade mark infringement and dynamic advertising

    http://ipkitten.blogspot.com/2023/04/trade-mark-infringement-and-dynamic.html Being dynamic is often considered an asset. Algorithms may, however, be too dynamic and cause legal problems, as the case discussed below shows.  Google offers an advertising service called Dynamic Search Ads. As in the case of ‘traditional’ Google Ads, the ad appears above or on the right-hand side... Continue reading

     
  • Is your trade mark (really) green?

    http://ipkitten.blogspot.com/2023/04/is-your-trade-mark-really-green.html Environmental considerations are becoming increasingly important for brand owners filing trade mark applications for environmentally friendly or sustainable goods and services. The Green EUTM Report On 7 February 2023 the European Union Intellectual Property Office (EUIPO) published an update to the Green EUTM report. The study unveils some interesting... Continue reading

     
  • ViCo oral proceedings: True gold or fool’s gold? (T 0758/20)

    http://ipkitten.blogspot.com/2023/04/vico-oral-proceedings-true-gold-or.html According to recent decisions from the Boards of Appeal, G1/21 on ViCo oral proceedings is now out-dated. According to the Boards, the view of G1/21 that in-person proceedings are the gold standard is obsolete in view of improvements in ViCo technology. The latest decision in T 0758/20 adds to this narrative from the... Continue reading

     
  • Amendments to UK Patents Court Guide paves way for increased diversity

    http://ipkitten.blogspot.com/2023/04/amendments-to-uk-patents-court-guide.html The AmeriKat squinting intothe bright future of more opportunity for junior  patent lawyers This past week, at the 30th Fordham IP Conference’s session on Women in Patent Law the AmeriKat presented on the recent amendments to the Patents Court Guide to improve diversity in the Patents Court.   The provisions came about... Continue reading

     
  • Delhi High Court says no FRAND trial needed to obtain SEP injunction in Intex v Ericsson

    http://ipkitten.blogspot.com/2023/04/delhi-high-court-says-no-frand-trial.html At the time of writing this post, this Kat was currently halfway through Mr Justice Mellor’s Interdigital v Lenovo FRAND decision (see here) this Kat is made aware of an appellant judgment from the High Court of Delhi in the same area: Intex v Ericsson 2023:DHC:2243-DB. This appeal is... Continue reading

     
  • Poland’s preliminary injunctions set to become a scarce commodity

    http://ipkitten.blogspot.com/2023/04/polands-preliminary-injunctions-set-to.html Richard, the Polish Kat,is not a fan of change The AmeriKat has been in New York this week for the 30th Fordham IP Conference.  This is the first time the conference has been held in person since before the pandemic.  It was equally exciting, overwhelming and emotional to see... Continue reading

     
  • Never too late: if you missed the IPKat last week!

    http://ipkitten.blogspot.com/2023/04/never-too-late-if-you-missed-ipkat-last.html At the end of the second week of April with the sun starting to emerge, here are the latest Katposts. Copyright Image by Francesco Ungaro Nedim Malevich reported the words of Deborah De Angelis, who discussed the recent conflict between SIAE and Meta in relation to Italian music on... Continue reading

     
  • When Camembert went to war

    http://ipkitten.blogspot.com/2023/04/when-camembert-went-to-war.html This Kat continues her discussion on how wars affect geographical indications (GIs), this time, how World War I changed the history of camembert, one of the France’s most famous cheese, both for the good (the building of a broad-based reputation) and for the bad (laying the seeds for the... Continue reading

     
  • Multimedia trade marks: EUIPO says that “Super Simon” is distinctive

    http://ipkitten.blogspot.com/2023/04/multimedia-trade-marks-euipo-says-that.html According to the EU Trade Mark regulation (EUTMR) it is possible to register multimedia trade marks, i.e. those consisting of or extending to a combination of image and sound. The case On 7 May 2019 Dutch company Chiever B.V. filed an application for registration of a multimedia trade mark... Continue reading

     
  • Are consumables component parts of a complex product?

    http://ipkitten.blogspot.com/2023/04/are-consumables-component-parts-of.html A design for a component part of a complex product can enjoy design protection in the EU only if the component part remains visible during normal use of the complex product (Art. 4(2)(a) of Regulation 6/2002, ‘Design Regulation’). This Kat recently discussed the Monz judgment of the Court of... Continue reading