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

  
October has just started, and here you can find what you missed from the IPKat last week.

Copyright

Eleonora Rosati discussed the Valve Corporation, T-172-21, judgment issued by the General Court on the applicability of Article 101 TFEU in the copyright context. In particular the issue of geoblocking practices was considered in the interplay between IP protection and competition rules.

Anna Maria Stein commented on the recent US Copyright Office decision to issue a Notice of Inquiry on the Federal Register in order to obtain factual information and view on the issue related to the intersection of copyright law and Generative Artificial Intelligence.

Image via Pexels

Eleonora Rosati invited the IPKat readers to join her for the book launch event for her most recent book “Copyright and Court of Justice of the European Union”. The event is taking place at UCL in London and the IPKat readers are entitled to a GBP 5 discount in the registration fee.

Image rights

Katfriends Jakob Plesner Mathiasen and Thit Nymand Nisbeth from Federspiel discussed the interplay between Artificial Intelligence, deepfakes and personality (image and publicity) rights, especially when it comes to bringing deceased icons back into the spotlight.

Trade marks 

Alessandro Cerri analysed the recent EUIPO decision, R 275/2023-4, in relation to trade mark protection in virtual worlds. In particular, the analysis considers the fact that the figurative representation of a virtual firearm lacked the requisite distinctive character to be a registered trade mark.

Nedim Malovic discussed the recent EUIPO Fifth Board of Appeal decision, joined cases R 334/2017-5 and R 343/2017-5, in relation to the meaning of genuine use of a trade mark when linked to second hand vehicles. Specifically, the analysis addressed the fact that the Board considered that Ferrari had failed to show that it was actively involved in using the trade mark “Testarossa” for second hand cars.

Katfriends Antonios Baris and Spyridon Sipetas from Stockholm University reflected on the IP implications of the recent unveiling of two new signature colours during this September’s Fashion Week, namely Burberry’s Knight Blue and Gucci’s Rosso Ancora.

Patents

Rose Hughes considered how much data is needed to support a patent application, in relation to the case T 0835/21. The case in question considers the sufficiency and inventive step of an antibody epitope claim.