Another eventful week in the world of IP, and this Kat is here to keep you updated with the latest from The IPKat.
Trade marks and Plant Varieties
Marcel Pemsel reviewed a recent decision of the General Court concerning the visual similarity between Armani’s well-known eagle-shaped logo and a sign that also consisted of eight horizontal stripes. The Court decided to annul the BoA’s decision that had found a low degree of visual similarity. The judges also considered the General Court judgments cited by the BoA in its contested decision to be inapplicable in the case at hand.
Jocelyn Bosse discussed a word mark application for a new plant variety of the University of Georgia. Several conflicts arose after the USPTO granted the trade mark for the name SEABREEZE, due to a failure to conduct a proper search of the plant variety protection register before proceeding with the trade mark application.
Marcel Pemsel reported on a recent decision from the Higher Regional Court of Hamburg concerning the use of a bleeding red cross on a book cover criticizing the German healthcare system. The Court ruled that the use of the bleeding red cross infringed the plaintiff’s well-known trade mark for the Red Cross (Sec. 14(1) sentence 1 no. 3 German Trade Mark Act).
Copyright
Söğüt Atilla continued her exploration of the European Copyright Society’s Opinion on Pelham II. In part two, she focused on the features that pastiche works should exhibit according to the European Copyright Society.
Patents
Katfriend Ian Jones (GJE) analysed the European Patent Office referral concerning third-party interveners. The Enlarged Board is expected to provide comments by 17 April 2025.
Guest UPCKats William Mooney and his team members (Carpmaels) reported on i-mop v Arcora (UPC CFI 193/2024) concerning decisions by default.
Jocelyn Bosse explained T 0425/23 concerning issues of insufficiency of disclosure, novelty, and inventive step. The disputes centred around a European patent filed by Impossible Foods Inc., claiming a meat substitute that acquires the taste and smell of meat during cooking.
Book Review
Anastasiia Kyrylenko reviewed the book “Research Handbook on Intellectual Property Rights and Arbitration,” edited by Simon Klopschinski and Mary-Rosy McGuire (Edward Elgar, 2024). The book targets a broad audience interested in the arbitration of intellectual property disputes.
IP events and opportunities
Eleonora Rosati informed the Readers of the Global IP Exchange Europe Exchange event. This invitation-only event will take place in Berlin on 11-12 March 2025.
Eligibility requirements to receive an invitation are as follows:
•Controlling where the IP, Patent, Trademark, Brand Protection, or Anti-Counterfeiting budget is spent
•Holding a position as the Head of IP or Head of Patent, Trademark, Brand Protection, or Anti-Counterfeiting
•Having a personal annual budget of £500,000 or above
•Having an active requirement for IP solutions within the next 6 - 12 months
To learn more and request an invitation, click here.
She also reminded the Readers of upcoming events and opportunities. Applications for GuestKat and InternKat positions are open until 20 January. The 7th edition of the IPKat Book of the Year Awards will recognize and celebrate the best IP books published in 2024. Do not forget to vote your preferences until 31 January. Moreover, ASEAN Geographical Indications Webinars will start on 21 January. Sir Richard Arnold will deliver his 9th Annual Lecture at Westminster Law School on 18 February. Additional opportunities include the WIPO International Patent Drafting Training Program, the 2024 4iP Council Research Awards, and ATRIP's Call for Papers on IP and Justice.
Never Too Late: If you missed the IPKat last week!
Reviewed by Asude Sena Moya
on
Tuesday, January 14, 2025
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