Never too Late: If you missed the IPKat last week!

We hope all of you are staying safe and hydrated during the heat wave currently ongoing in Europe.  Below is a recap of the latest news from the Kat-world to keep you fresh and cool:- 

Trade Marks

The European Intellectual Property Office (EUIPO) has recently issued some guidance notes on its approach to classifying items relating to virtual and non-fungible tokens (NFTs).  InternKat James Kwong has written a report (here) followed by KatFriend Paolo Maria Gangi’s comments (here) on the EUIPO’s definition on NFTs. 

Trade marks enthusiasts will agree that Cadbury’s trade mark applications for its colour purple is one of the highest profile and longest-running disputes in the trade mark world (another which this Kat has in mind is the “Tiffany blue”).  In a recent decision of the High Court of England and Wales (Société des Produits Nestlé S.A. v Cadbury UK Limited [2022] EWHC 1671 (Ch)), it seems that the tide of Cadbury’s fortunes has turned with the judge ruling in favour of Cadbury.  For more details on this case, please refer to the report (here) written by GuestKats Becky Knott and Jan Jacobi. 

There are a few examples in the fashion industry where dormant brands are subsequently and successfully revived, e.g. Balenciaga and Schiaparelli.  The issue as to whether it is bad faith to “pay homage” to a fashion brand of the past has been considered in a very recent decision of the General Court of the European Union (Zdút v EUIPO, T-250/21 (NEHRA)).  Fashionista PermaKat Eleonora Rosati has commented on this case here.      

There has been a discussion of whether all geographical indications (GIs) are intrinsically reputed at a “Track Case Law” webinar delivered by speakers of the EUIPO in the context of an opposition filed by the producers of protected designation of origin “Cava” against three-dimensional EU trade mark “CHENINE Brut PREMIUM CAVA BOTTLE”. GuestKat Anastasiia Kyrylenko offers insights on the discussion here.   

Patents

GuestKat Rose Hughes has written a report (here) on a recent decision (J8/20) published by the European Patent Office Board of Appeal which shows that AI is not breaking patent law.

Miscellaneous 

The UK Intellectual Property Office has announced new appointments to its board last week.  The IPKat would like to take this opportunity to congratulate all new officers, and in particular Adam Williams, who has been appointed Interim Chief Executive of the Intellectual Property Office with effect from 1 September 2022.  For further details, please see GuestKat Becky Knott’s report here.