The IPKat BLOG – Page 92

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The most consequential actor in the most consequential movie that you may never have heard of: the Lulu franchise, Louise Brooks, and “Pandora’s Box”

http://ipkitten.blogspot.com/2023/01/the-most-consequential-actor-in-most.html The cross-media creative franchise (think “Wonder Woman”, from comics to film), is the apotheosis of the commercial potential of derivative works within the copyright system. Here, there, and everywhere, the celluloid adaptation of previously created contents is so 21st century. But the cross media franchise is hardly a modern... Continue reading
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IPKat Book of the Year Awards 2022 winners announced!

http://ipkitten.blogspot.com/2023/01/ipkat-book-of-year-awards-2022-winners.html Thank you to readers who voted for the IPKat book of the year awards 2022! Here are the nominees and winners: Best Patent Law Book The nominations were: Intellectual Property Protection for Plant Related Innovation: Fit for Future? By Michael Andreas Kock Once Upon a Time, The Patent: Understanding... Continue reading
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Sunday Surprises

http://ipkitten.blogspot.com/2023/01/sunday-surprises_22.html We’re two thirds there… through January! Here are the latest opportunities and events. Events HCO Scientific Event: “Digital Services Act (DSA) and Copyright” (register by 23 Jan) The Hellenic Copyright Organisation is organising a scientific event on the topic “Digital Services Act and Copyright – A new balance in... Continue reading
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How do you cancel degenerated trade marks?

http://ipkitten.blogspot.com/2023/01/how-do-you-cancel-degenerated-trade.html It happens that sometimes trade marks get registered although they are non-distinctive. Both the EU Trade Mark Regulation and Directive provide for invalidity actions to cancel such marks upon request of any third party. However, if the trade mark has been registered for an extended period of time, it... Continue reading
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Identifying the problem without hindsight (T 0605/20 )

http://ipkitten.blogspot.com/2023/01/identifying-problem-without-hindsight-t.html Hindsight is the pernicious and ever present enemy of patentees. However one may strive for objectivity in inventive step analysis, it can be difficult to overcome the inevitable prejudice that comes with being told the solution to a problem (“it just seems so obvious now you say it!”). In the recent... Continue reading
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Can Charlie Chaplin’s character “Charlot” be registered as an EU trade mark?

http://ipkitten.blogspot.com/2023/01/can-charlie-chaplins-character-charlot.html In the era of silent films, Charlie Chaplin did rise to become a worldwide icon through his screen persona, the Tramp (Charlot in several languages). It may therefore come as no surprise that companies, to this day, attempt to monetize in his iconic image. In a decision (only available... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2023/01/never-too-late-if-you-missed-ipkat-last_19.html Here’s the latest weekly summary of the different topics analysed by the Kats in last week’s posts. Trademarks Image by Riana Harvey Puma or Rolex – Which is more famous? Marcel Pemsel discussed in his post the challenging question linked to trade mark scope of protection and to the influence... Continue reading
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Are watches and clothing dissimilar goods? Yes, says the GC

http://ipkitten.blogspot.com/2023/01/are-watches-and-clothing-dissimilar.html Are watches and clothing dissimilar goods? Yes, says the GC The question of similarity among some of the goods included in classes 25 and 14 is often challenged when opposing trade mark applications. The issue has come several times before EU authorities, most recently before the General Court in... Continue reading
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[Guest post] BAYC sues Ryder Ripps over unauthorized minting of NFTs – Part 2

http://ipkitten.blogspot.com/2023/01/guest-post-bayc-sues-ryder-ripps-over.html The IPKat is pleased to host the following guest post by Katfriend Paolo Maria Gangi (Studio Gangi) as a “sequel” to his earlier IPKat post discussing the lawsuit brought by BAYC against Ryder Ripps. Here’s what Paolo writes: BAYC sues Ryder Ripps over unauthorized minting of NFTs – Part... Continue reading
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Gold Standard test for novelty reigns supreme, even for subranges (T 1688/20)

http://ipkitten.blogspot.com/2023/01/gold-standard-test-for-novelty-reigns.html The Board of Appeal decision in T 1688/20 rejects the usual tests for assessing the novelty of subranges, in favour of applying the Gold Standard test of novelty. In doing so, the Board of Appeal diverges from the established case law and Guidelines for Examination on the novelty of subranges.... Continue reading