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Newsletter
Trade Mark Newsletter No.115
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IP Cases & Articles
Its 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
Tefals 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 Rothys 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 VWs MULTIVAN
This case is the first decision from the appointed person in 2021 and resulted in a rare success for an appellant. -
IP Cases & Articles
UK Government issues response to AI call for views
The UK Government has issued a response to a call for views recently conducted into artificial intelligence and the patent system. -
IP Cases & Articles
EPO sets G1/21 ViCo oral proceedings for 28 May 2021
In T1807/15 for EP04758381.0 / EP1609239, the Technical Board of Appeal referred, in an interlocutory decision of 12 March 2021, the following question the Enlarged Board of Appeal: “Is the conduct of oral proceedings in the form of a videoconference compatible with the right to oral proceedings as enshrined in… -
IP Cases & Articles
Decision on German ratification of the Unified Patent Court not before 2022
As will be recalled, following a request of the Federal Constitutional Court in Karslruhe, Federal President, Frank-Walter Steinmeier, waits with execution of the ratification bill of the Unified Patent Court Agreement (UPCA).
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