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IP Cases & Articles
T-515/19: Legos brick design remains valid
The General Court recently had to consider (in case T-515/19) whether Lego could use the defence of Article 8(3) of the Community Design Regulation (CDR), which exempts modular products from the general “must fit” exclusion from design protection under Article 8(2), and the relationship between the various exceptions of Article… -
IP Cases & Articles
Non-use revocation proceedings: German Federal Supreme Court questions relevance of no-challenge agreements
In T-419/16 (Carrera Brands Ltd v the EUIPO, 16 November 2017) the General Court quashed the relevance of contractual non-challenge agreements in EU revocation proceedings on grounds of non-use. In a remarkable side blow, the general Court even stated that national courts have no authority to sentence a party under… -
IP Cases & Articles
Kerrygold v Kerrymaid - is the element kerry distinctive in the EU?
In this decision the General Court had to decide whether the potentially descriptive meaning of the element “KERRY” (referring to a geographical location in Ireland) and peaceful co-existence in part of the EU would be sufficient to exclude a likelihood of confusion. The General Court said no – at least… -
IP Cases & Articles
Happily eva after! Time to get re-aqua-ainted with global assessment
In February 2019, EvaQua s.r.o. (EvaQua) applied to register the EUTM (below left) in class 32. Envasados Eva S.A. (Eva) opposed the application under Articles 8(1)(a) and (b) based on a number of earlier rights, all covering identical goods. The opposition was assessed on the basis of the mark shown… -
IP Cases & Articles
Original Beauty Technology v G4K Fashion: Passing off is not a tort of unfair competition
Original Beauty Technology (the claimants)s and G4K Fashion (the defendants) operate online businesses and design and sell “bodycon” and “bandage” style dresses under the brands HOUSE OF CB and OH POLLY (respectively). The Original Beauty Technology also owns and operates sister brand MISTRESS ROCKS, which is aimed at a slight… -
IP Cases & Articles
New rules for proof of use in Germany what brand owners need to know
In a decision issued on 14 January 2021 (Case No I ZR 40/20), the Supreme Court addressed the following two questions relating to proof of use: 1) What is the relevant five-year period to show genuine use? 2) Who has the burden of proof? The short answer to the first… -
IP Cases & Articles
Brexit and the UK design registration database cloning process almost (but not yet fully) complete
Following the end of the transition period on 31 December 2020 concerning the departure of the United Kingdom from the European Union, the UK Intellectual Property Office (UKIPO) has been working to update the UK design register to include all of the newly ‘cloned’ UK design registrations stemming from affected… -
IP Cases & Articles
J0009/18: four substantial procedural violations and a legal inaccuracy
Appeals against the Receiving Section at the EPO tend to be few and far between. Nevertheless such appeals tend to relate to procedural matters and can deal with complex matters of law. In this case, the Board of Appeal identified a total of four substantial procedural violations that had occurred… -
IP Cases & Articles
Launch of the UKIPO One IPO transformation programme
On Friday 22 April the UK Intellectual Property Office (UKIPO) launched its One IPO transformation programme. The One IPO programme is a five-year project to modernise and integrate intellectual property rights in the UK. -
IP Cases & Articles
The World Intellectual Property Day: IP & SMEs
Monday 26 April 2021 is “World Intellectual Property Day”. Since the year 2000 World IP Day has celebrated IP rights and their role in innovation and creativity, as well as commemorating the day on which the World Intellectual Property Organization (WIPO Convention) came into force in 1970.
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