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IP Cases & Articles
AI in drug discovery - technical and IP challenges
Artificial intelligence (AI) and machine learning (ML) are not new concepts – they have been the subject of academic investigation for decades. However, real-world applications have had to wait longer for the availability of the computing power and rich data sets necessary to successfully implement such approaches. -
IP Cases & Articles
Artificial intelligenceand IP: consultation on copyright and patent legislation
The UK Government has launched a consultation on how the copyright and patent system should deal with artificial intelligence (AI) today, 29 October 2021. -
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
A little story about Easter bunnies: how EU and German courts have responded to Easter-related marks over the years
IP practitioners around the world have been following the many legal questions around Easter bunnies – ranging from the manifold aspects of 3D trademark protection and enforcement to the latest dispute over an alleged monopoly for the colour gold in relation to Lindt chocolate bunnies (the latter currently pending before… -
IP Cases & Articles
German Supreme Court applies CJEU DOCERAM judgment for the first time
On 08 March 2018 the Court of Justice of the European Union (CJEU) handed down its decision in DOCERAM v CeramTec (C-395/16), in which it defended design infringement claims on the grounds of the alleged technical features of a claimed registered Community design (RCD) and the technical features of the… -
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
A reminder of the ugg-ly effects of cross-border shipping under German trademark law
A lawsuit between the owners of the US Ugg brand and an Australian leather shoemaker, which apparently sold and shipped 13 pairs of handmade Australian ugg boots to the United States, has gained extensive media coverage of late. While media reporting has primarily focused on the question of whether US… -
IP Cases & Articles
WATER FRSH and CDY MLN can disemvoweling help to overcome descriptiveness or non-distinctiveness objections?
A recent German Federal Patent Court decision concerning the word marks WATER FRSH and CDY MLN has considered the new trend of ‘disemvoweling’ – whereby brand owners omit vowels from registered words – and whether this can help to overcome objections of descriptiveness or non-distinctiveness. -
IP Cases & Articles
Business savvy or abuse of rights knowing whether well-known trademarks are up for the taking
The Regional Court of Munich has considered whether a German trademark registration that is identical to a well-known mark covering identical or similar goods outside Germany constitutes a bad-faith filing. Although the court did not find that the disputed marks were filed in bad faith in this instance, it confirmed… -
IP Cases & Articles
RETROLYMPICS: a trademark under fire
With the Tokyo Olympics just around the corner, now is a good moment to focus on a decision currently before the German Federal Patent Court in relation to the following trademark:
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