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24 Jan 2024, 8:05 am
Trial in Kat Von D tattoo case begins, Uniqlo sues Shein in Japan and Palworld modders earn Nintendo's wrath. [read post]
23 Jan 2024, 1:40 am
The case will be won or lost based on the jury’s reaction to Kat Von D herself. [read post]
20 Jan 2024, 10:47 am
If you've been stretched thin lately and haven't kept up with the IP news, here's the summary of what you missed.Trade Marks and GIsThis Kat has been stretched thin too.Image from Pexels.Marcel Pemsel discussed the latest in plant-based trade marks with the General Court decision that 'MYBACON' (for fungi-based meat substitutes) was of such a nature as to deceive the public. [read post]
19 Jan 2024, 12:45 am
Work activities resumed in 1941, but not at pre-war levels.Positive impactsNow, what came as a surprise (at least to this Kat) was that WW1 and WW2 also had a positive impact on the French PDOs. [read post]
13 Jan 2024, 3:50 am
Here's the summary of what you missed:Trade MarksClearly, this Kat is on top of things! [read post]
12 Jan 2024, 5:33 am
In particular, two cases clarified the assessment of novelty and distinctness of plant varieties that were the subject of earlier foreign IP rights, but didn’t claim priority in their subsequent Italian plant variety rights (PVR) applications.Priority for Plant VarietiesThis Kat was full of beans after reading these decisionson Italian plant variety law. [read post]
7 Jan 2024, 9:34 am
The Munich Local Division in SES vs Hanshow took a rather peculiar approach to claim interpretation, for which this Kat struggles to find basis in either EPO or national case law. [read post]
6 Jan 2024, 6:22 am
If you've been too busy sleeping off the New Year's celebrations, here's the summary of the IP news you missed last week.Patents and Plant VarietiesEvidently, this Kat's new year's resolution was to take more naps! [read post]
2 Jan 2024, 12:32 am
However, this Kat is not sure that the facts of the case in T 439/22 will convince the EBA that a referral is justified. [read post]
31 Dec 2023, 7:44 am
This Kat, for example, has none. [read post]
31 Dec 2023, 1:58 am
CommentIn this Kat's view, the Board seems to have reached the right conclusion, as the addition of the entire word SUSSEX to a non-distinctive mark should be enough for a finding of a lower degree of similarity. [read post]
29 Dec 2023, 11:00 am
This Kat’s notes on the Judgment has two parts: the second part will concern the FRAND Question and this first part contains everything else. [read post]
27 Dec 2023, 4:14 pm
Seeing Ghosts is a memoir by by Kat Chow. [read post]
27 Dec 2023, 1:02 pm
This Kat has found an important recent ruling by the French Cour de Cassation involving this doctrine as applied to trade mark law. [read post]
27 Dec 2023, 4:06 am
This Kat has been receiving numerous inquiries from colleagues and friends, particularly those well-versed in copyright law, about an AI-generated image copyright case in China. [read post]
26 Dec 2023, 1:23 pm
This Kat hopes that the present case will help shed light on how Article 20 DSM Directive is to be interpreted, including whether there is a retroactive application of the provision, what is regarded as “additional, appropriate and fair remuneration”, and what courts deem as “disproportionately low”.The IPKat will keep readers posted about forthcoming developments in this case! [read post]
23 Dec 2023, 9:43 am
As a plant intellectual property nerd, this Kat was delighted to get her hands on the new book Intellectual Property and the Design of Nature (Oxford University Press, 2023), edited by Jose Bellido and Brad Sherman. [read post]
23 Dec 2023, 7:45 am
If you've been too wrapped up with preparations for the holiday season, here's a summary of the IP news that you might have missed last week:PatentsThis Kat is still contemplating which IP books to put on her Christmas wish-list...Rose Hughes outlined the recent EPO Board of Appeal decision (T 1356/21), which discussed the criterion of novelty for pharmaceutical dosage regimes and selection inventions, as well as the reliance on an unexpected technical effect for… [read post]
22 Dec 2023, 5:29 am
This Kat has to admit that the whole DABUS saga fills her with a certain sense of tedium (IPKat). [read post]
22 Dec 2023, 3:00 am
In its referral, the BGH is asking:[T]o first clarify whether, given that works of applied art may also be considered to be protected as designs, the court of appeal correctly assumed that copyright protection was of exceptional nature, with the consequence that when examining the originality of these works under copyright law greater requirements are to be made in terms of the author’s free creative choices than when examining other types of works.What is also in question is whether, when… [read post]