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Oatly capitalises on controversy in General Court distinctiveness decision
It is notoriously difficult to register marks which are perceived to be slogans at the EUIPO, however in this case Oatly managed to capitalise on the controversy surrounding the launch of the mark and argued that the phrase would be perceived as surprising and thought provoking. Oatly's evidence of a… -
IP Cases & Articles
Coty v Amazon continues: latest decision highlights the right to inspection under German Trademark Law
The case between German perfume distributor Coty and e-commerce giant Amazon has gone into another round before the German Federal Supreme Court. -
IP Cases & Articles
G1/19: patenting computer simulation inventions
The EPO’s Enlarged Board of Appeal recently announced its decision in respect of G1/19, which relates to the patentability of computer simulation inventions. Simulation is a widely used tool in many fields of electronics, design and manufacturing, computer engineering, bioengineering, and chemistry to name but a few. Simulation is used… -
Newsletter
Trade Mark Newsletter No.115
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IP Cases & Articles
“It’s like milk but made for humans�: Oatly capitalises on controversy in GC distinctiveness decision
The General Court (GC) has overturned the European Union Intellectual Property Office (EUIPO) refusal to register the mark “IT’S LIKE MILK BUT MADE FOR HUMANS�. The General Court was persuaded that Oatly’s slogan met the minimum requirement for distinctive character. -
IP Cases & Articles
Tefal’s pan with the “famous red spot�: proving an indicator of commercial origin
Tefal applied to register the mark (shown below) in the UK for frying pans and related goods in class 21. The application was rejected as being devoid of distinctive character. Tefal submitted evidence of acquired distinctiveness, including a survey. -
IP Cases & Articles
Pippi Longstocking: can song lyrics infringe the copyright to a fictional character?
Can song lyrics infringe the copyright to a fictional character? The Regional Court of Hamburg answered this question in the affirmative. This case before the Regional Court of Hamburg concerned the German version of the theme song to the children`s movies “Pippi Longstocking� called “Hey, Pippi Langstrumpf� and was brought… -
IP Cases & Articles
IPEC finds Rothy’s registered Community design valid and infringed
In what has been dubbed the “last Community design� ruling before the UK courts, the Intellectual Property Enterprise Court (IPEC) found that Rothy’s registered Community design (RCD) for its “Pointed Loafer� ballerina shoes (depicted below left) was valid and had been infringed by Giesswein’s “Pointed Flat� shoes (depicted below right).… -
IP Cases & Articles
Are all book titles equal? Animal Farm and EUIPO doublespeak
Case R 1719/2019-5 concerning an attempt to register ANIMAL FARM at the EUIPO points out inconsistencies in the EUIPO’s decisions regarding the registrability of titles of famous literary works as trade marks. -
IP Cases & Articles
MULTIBUS overtakes VW’s MULTIVAN
This case is the first decision from the appointed person in 2021 and resulted in a rare success for an appellant.
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