Didn’t catch the latest in IP news last week? Don’t worry, here’s your chance to catch up on everything you might have missed!
Söğüt Atilla discussed a French court ruling where Hermès successfully sued for copyright and trademark infringement against defendants who upcycled Hermès scarves onto denim jackets, with the court rejecting defenses of originality, exhaustion, freedom of the arts, and environmental protection due to the physical transformation of the copyrighted works and the commercial nature of the upcycling.
Katfriend Chiara Gallo reported on Day 1 of the "Botticelli v Warhol: Comparative Perspective on the Use of Cultural Heritage Images" conference in Florence, detailing discussions on the reproduction of artworks, the role of Italy's Cultural Heritage Code, and the balance between protection and accessibility, featuring insights from museum practitioners and legal scholars.
Katfriend Chiara Gallo reported on Day 2 of the "Botticelli v Warhol: Comparative Perspective on the Use of Cultural Heritage Images" conference, detailing discussions on the territorial applicability and IP implications of cultural heritage protection, including trade mark interactions, the legal nature of ICHC rights, open data directives, and comparative views from Greece, France, and the US regarding free uses versus licensing.
Patents
Rose Hughes examined the Enlarged Board of Appeal's (EBA) decision in G 1/23, clarifying that a commercial product put on the market before the filing date is considered prior art, even if its composition or internal structure could not be analyzed and reproduced without undue burden, rejecting the notion that non-reproducibility excludes a product from the "state of the art."
Trade marks
Marcel Pemsel explained that the General Court denied protection for OMV's abstract color combination trademark, reaffirming the strict approach to assessing distinctiveness for such marks, even with interventions from organizations like INTA and MARQUES.
Oliver Fairhurst reviewed the High Court of England and Wales's decision in Shenzhen SKE Technology Co Ltd v Bargain Busting Ltd, which upheld the UKIPO's rejection of an opposition to the CRYSTAL VAPE trademark, emphasizing the "first to file" principle in trademark law and the high evidentiary bar for proving unregistered earlier rights, and also discussed the significant costs incurred in appealing UKIPO decisions.
IP Events and Opportunities
Jocelyn Bosse announced the IP Mediation Conference 2025 by the EUIPO, the 8th edition of the ALAI European Author’s Right Award for students and researchers, and a call for applications for WIPO's Training, Mentoring, and Matchmaking Program for Women Entrepreneurs from Indigenous Peoples and Local Communities. The post also included a farewell to long-time contributor Anastasiia Kyrylenko.
IPKat Blog News
Merpel McKitten announced a "Katcall" for Expressions of Interest for both GuestKat and InternKat positions, outlining the responsibilities, expectations, and application process for these six-month roles which offer opportunities for IP enthusiasts to contribute to the blog and develop their networks.
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Reviewed by Simone Lorenzi
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Tuesday, July 08, 2025
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Reviewed by Simone Lorenzi
on
Tuesday, July 08, 2025
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