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Trade marks
Marcel Pemsel reported on a recent judgment of the General Court concerning acquiescence (Art. 61(1),(2) EUTMR) in the context of a dispute between Vintae Luxury Wine Specialists SLU and Grande Vitae GmbH. The case highlights the high threshold to establish actual awareness and acquiescence.
Eleonora Rosati discussed the recent EUIPO Grand Board decision to refuse to register the Spanish phrase ‘MARICON PERDIDO’ for goods and services in classes 9 and 41. The Grand Board found that registration of the sign would be contrary to accepted principles of morality under Article 7(1)(f) EUTMR.
Marcel Pemsel outlined the recent decision of the Board of Appeal of EUIPO on the rejection of KCT GmbH & Co. KG’s motion mark, which consists of the opening and closing of a window. It held that the application had to be rejected due to a lack of distinctiveness and technical functionality (Art. 7(1)(b) and (e)(ii) EUTMR).
Copyright
Kevin Bercimuelle-Chamot analysed the new French draft law on AI ‘to identify images generated by artificial intelligence published on social networks.’ It consists of an explanatory memorandum and a single article. Although it focuses on some key aspects, such as deepfakes and transparency obligation, it might be better to consider the full range of challenges posed by AI rather than to focus on certain aspects only.
Katfriends Phil Sherrell and Toby Bond explained the main contents of the long-awaited consultation launched by the UK Government yesterday. It focuses on copyright and AI, including unlicensed text and data mining, as well as computer-generated outputs. The consultation runs until 25 February 2025, with a total of 47 questions to answer.
Designs
Katfriend Henning Hartwig commented on the French transposition of Directive 98/71/EC of the European Parliament and Council of 13 October 1998 on the legal protection of designs.
IP events and opportunities
In the latest Friday Fantasies post, Eleonora Rosati informed readers about IP events and opportunities. LSE will host a hybrid (London and online) panel to discuss IP issues concerning generative AI models. Moreover, the University of Florence and EUI will host a conference on comparative perspectives on the use of cultural heritage images on 12 and 13 June 2025. Lastly, the theme of the Golding Essay Prize 2025 (Competition Law Association) will be "Can UK Copyright Law Deal with a Digital World?". Be sure to check out our Events page for more events too.
Image courtesy: Seher Moya
Never Too Late: If you missed the IPKat last week!
Reviewed by Asude Sena Moya
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Wednesday, December 18, 2024
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Reviewed by Asude Sena Moya
on
Wednesday, December 18, 2024
Rating:
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