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18 Nov 2019, 12:22 am
, Kat Neil Wilkof recalls the singular journey of the term “cutty sark”, which ultimately became the name of a brand of popular Scottish whiskey.GuestKat Nedim Malovic reports on a decision of the Turin Court of First Instance, where Ferrero succeeded in defending its trade mark registrations for its 3D Tic Tac container.When it comes to trade marks, in order to be irreplaceable, one must always be different - this is what Katfriend John Shaw sets out in… [read post]
14 Nov 2019, 6:43 am
Nedim Malovic took us through the facts and arguments of this referral, which now has a case number and an official translation.Trade MarksThe IPKat has been informed about the launch of a new book, “The Confusion Test in European Trade Mark Law”, by Dr. [read post]
1 Nov 2019, 1:17 am
', Lars Brahms looks at the recent England and Wales High Court decision of Vestel Elektronik Sanayi v HEVC Advance LLC, which raised this question as well as the questions of what the proper basis would be for such a claim, and where this claim might be brought.Trade MarksGuestKat Nedim Malovic examines an intriguing decision from the General Court, which stated that the relevant public's attention is 'average at best' when assessing likelihood of… [read post]
16 Sep 2019, 11:57 pm
This is foreshadowed in the recent Board of Appeal decision, T0688/16, where an inappropriate use of discretion leads to ping-pong.Communication to the public -GuestKat Nedim Malovic examines a referral made by the Swedish Patents and Market Court of Appeal to the CJEU, asking whether the concept of “public” (which is not expressly defined in the legislation) under Articles 3 and 4 of the InfoSoc Directive has a uniform meaning,… [read post]
10 Sep 2019, 3:31 pm
GuestKat Antonella Gentile has the story.GuestKat Alex Woolgar wrote about a UK case involving two similarly named mobile phone applications that did not result in the granting of an injunction.GuestKat Nedim Malovic wrote about an interesting EUIPO decision that partially invalidated the "Monopoly" EU trade mark.PublishingNovelist Jane Austen and American President U.S. [read post]
7 Aug 2019, 12:43 am
Is looked at by GuestKat Peter Ling in his post "BOSWELAN" - No Special Treatment for Medicinal Product Trade Marks.GuestKat Nedim Malovic breaks down the recent judgment of the Court of Justice of the European Union in CJEU dismisses Red Bull’s appeal concerning its colour combination marks.In The trademark question that never stops giving: when is there a material difference between the registered form and the form of actual use? [read post]
26 Jul 2019, 11:18 am
GuestKat Nedim Malovic commented on the decision of the EUIPO Second Board of Appeal on when a Trademark Opposition may be withdrawn before the decision or appeal becomes final.GeneralThere is an IPKat Reader Discount for the IP Seminar at Volvo Cars in Sweden on 8 and 9 October as reported by Kat Annsley Merelle Ward. [read post]
19 Jul 2019, 7:28 am
Trade marksIn Neymar scores at EU General Court: “Neymar” trade mark declared invalid due to bad faith registration, GuestKat Nedim Malovic analyses the application made for the word mark "Neymar"in class 25 as an EU trade mark by Mr Carlos Moreira.InternKat Antonella Gentile looks at the CJEU decision in Hansson, C-705/17 in The slow disappearance of disclaimers: the CJEU decision in Hansson, C-705/17. [read post]
13 Jun 2019, 1:06 pm
Trade MarksGuestKat Nedim Malovic took a look at the recent confirmation from the Swedish Supreme Court that the storage of infringing goods with a view to sell them might trigger both civil and criminal liability in a recent case.InternKat Antonella Gentile looked into the decision of the General Court of the European Union (GC) in its judgment in KID-Systeme v EUIPO - Sky (SKYFi) T-354/18 that gave the GC the opportunity to analyse the… [read post]
26 May 2019, 2:13 pm
Trade marksGuestKat Nedim Malovic takes a look at a decision of EUIPO first Board of Appeal concerning the relevant public’s perception of the polysemic term SPA, which, on the one hand, is the designation of the Belgian town Spa, where there is also a health spa, well-known to the Belgian public; on the other hand, it is also the common name that designates a spa-facility (a hydrotherapy facility). [read post]
15 May 2019, 10:06 pm
Nedim Malovic wonders: Do tapirs look like pigs? [read post]
13 Apr 2019, 12:25 pm
GuestKat Ieva Giedrimaite takes a look at the possibility for a hashtag to function as a trade mark and the consequences of the use of a trade mark as a hashtag.Asia Correspondent Tian Lu discusses a recent decision of the Beijing IP Court related to Caishen, the Chinese version of the God of Wealth.GuestKat Nedim Malovic reports on a decision of the General Court of the European Union concerning the possibility for a company which holds a trade mark registration consisting… [read post]
24 Mar 2019, 3:26 pm
Points include analysis on the liability imposed on smaller companies, the availability of safe harbours, and users’ rights.Katfriends Emil Jurcenoks and Peter Nørgaard look at the impact of the Danish Supreme Court’s decision on the “de minimis” copyright exception and use of applied art in marketing materials.GuestKat Nedim Malovic provides an overview of the fundamental freedoms and principles of proportionality that were explored by the Swedish… [read post]
4 Mar 2019, 10:55 am
Trade marks In EUIPO fifth board of Appeal says that a request for cancellation is unfounded when based on non-existent earlier right GuestKat Nedim Malovic discusses the EUIPO decision concerning the Polo/Lauren Logo. [read post]
26 Feb 2019, 1:20 pm
This was followed up by Katfriend Charlotte Waelde who explored whether the Fortnite dances could be a quotation, or fall within any other copyright exceptions.Fortnite expert KatGuestKat Nedim Malovic discussed the EUIPO’s rejection of the trade mark CHEESE for cannabis. [read post]
6 Feb 2019, 6:12 am
Trade marksGuestKat Nedim Malovic reported on the EUIPO Board of Appeal decision to allow registration of the Barcadi bottle as an EU trade mark, under Class 33 (Alcoholic beverages except beers) of the Nice Classification: EUIPO Fourth Board of Appeal allows registration of Bacardi bottle as an EUTM. [read post]
19 Dec 2018, 9:49 am
PatentsKat Neil reflects on the lexical transformation of the “troll” from stock character in Scandinavian mythology (and plastic dolls with bright colored up-combed hair...) into a staple of contemporary IP discourse, not once but twice: The IP term (thus far) of the millennium: the curious story of the adoption of "patent troll" and "internet trolling"Kat Troll DollIPKat provided further depth commentary on Warner-Lambert v Actavis, delving into the detail on… [read post]
27 Nov 2018, 3:19 am
IPKat Asia Correspondent Tian Lu reports: ChineseSupreme Court: hoarding trade marks in bad faith falls within scope of“illegitimate means”.GuestKat Nedim Malovic discusses a recent decision rendered by EUIPO Fifth Board of Appeal, which ruled on a Turkish chef’s attempt to protect how he ‘elegantly’ cuts meat and sprinkles salt as a motion mark. [read post]
31 Oct 2018, 2:23 pm
Patentable foods: The "Impossible" and the eggless.CopyrightGuestKat Nedim Malovic provides his insights about a decision of the Board of the Swedish Advertising Ombudsman, according to which a well-known Distracted Boyfriendmeme used for advertisement could be considered sexually discriminatory and should consequently be banned: Advertisement distributed by Swedish ISP held to be sexually discriminatory.Can copyright vest in mascots and characters? [read post]
24 Oct 2018, 9:02 am
This issue also contains a number of contributions by IPKat team members, including Mathilde Pavis, Tian Lu, and Nedim Malovic. [read post]
