It is for neither EUIPO nor the General Court to reclassify the category chosen for a mark by the applicant

IPPT20181025, CJEU, Enercon

Trade mark law - Appeal against the General Court’s decision that the Board of Appeal was fully entitled to find that the contested mark for wind energy converters was devoid of any distinctive character dismissed: General Court was fully entitled to take the view that the distinctive character of the mark had to be …


The reason why it is important for South Africa's copyright law to adopt 'fair use'

Article "“Fair use” is a doctrine adopted by some countries that permits the use of copyright material like books, journals, music and art work — without requiring permission from the copyright holder. It provides a balance between the just demands of rightsholders and the need for people to use …


Pre-publication: commentary Léon Dijkman on CJEU Levola v Smilde


Pre-publication Journal of Intellectual Property Law & Practice by Léon Dijkman: "In its recent decision Levola Hengelo BV v. Smilde Foods BV (IPPT20181113, CJEU, Levola v Smilde), the CJEU ruled that the taste of a food product is not protectable by copyright. According to the CJEU, the subject matter of a …


American couple will have to pay Nintendo over $12 million

Article Nintendo of America was recently awarded a $12.23 million dollar judgement in federal court against a married Arizona couple accused of copyright infringement. The websites at the center of the lawsuit, and, offered free games to more than 17 million visitors per …


The taste of a food product is not eligible for copyright protection

IPPT20181113, CJEU, Levola v Smilde

Copyright - The taste of a food product cannot be classified as a work: the subject matter protected by copyright must be expressed in a manner which makes it identifiable with sufficient precision and objectivity. The taste of a food product cannot be pinned down with precision and objectivity. It will beidentified …


Jeff Koons guilty of copyright infringement according to Paris Court

IP10162 "More than three years after advertising creative director Franck Davidovici sued Jeff Koons for copyright infringement, a Paris court has found the American artist guilty of plagiarizing a 1985 ad campaign, Fait d’hiver, by the French clothing label Naf Naf. Both the ad and Koons’s statue, which he …


China has given 18 new trademarks to Trump family in 2 months


New York Post: "China has given companies linked to US President Donald Trump and his daughter 18 new trademarks in the last two months, raising concerns about conflicts of interest in the White House on the eve of national elections.

The trademarks cover products from perfume to voting machines and will be finalized …


Report of the 48th World Congress of AIPPI at Seoul


The 48th World Congress of AIPPI took place from 22 September - 26 September in Cancun, Mexico. The Dutch Group of AIPPI adopted six resolutions:


- Conflicting patent applications (Study Question)

- Registrability of 3D trademarks (Study Question)

- Joint Liability for IP Infringement (Study Question)



Girl Scouts of the USA sue Boy Scouts of America for trademark infringement

IP10159 " The Girl Scouts of the USA has sued the Boy Scouts of America for trademark infringement. The dispute, filed Nov. 6 in federal court in New York, centers on the use of the word “scout” without a gender modifier. The suit argues that despite the long co-existence of the two organizations using the …


Chinese copycats lose court case against Toymaker Lego

IP10158 "Lego has won another case against imitators in China where copies of its colorful plastic toy bricks and figures have been a recurrent problem, the Danish toymaker said on Monday. 




"We believe these decisions are well-founded in the facts and the law, and clearly demonstrate the …


Leena Contarino joins HGF Basel Office


Press release HGF: "HGF are pleased to announce further growth of the team in the Basel office with the arrival of Leena Contarino who joined the firm’s Basel office as a Partner on Thursday 1st November 2018.


Leena has considerable experience in inventions related to proteins, nucleic acids, diagnostics …


HBO responds to 'Game of Thrones' tweet Donald Trump

IP10156 "HBO isn't happy that President Donald Trump used "Game of Thrones" imagery and language to promote sanctions against Iran. An image of Trump posted Friday featured a text overlay reading "Sanctions are coming." The font of the text is a near-match of the style used in HBO's mega-popular fantasy television …


The Impact of Brexit on Unitary Patent Protection and its Court


Matthias Lamping and Hanns Ullrich, Max Planck Institute for Innovation & Competition, Research Paper no. 18-20 "The Impact of Brexit on Unitary Patent Protection and its Court", 30 August 2018


Abstract: "Many in the patent law community hope to overcome the disruptive effects the withdrawal of the UK from …


Beyoncé v Feyoncé: parties moving toward settlement negotiations

IP10154 "One month after a federal judge denied Beyoncé’s request for an injunction in her trademark infringement lawsuit against a Texas company selling “Feyoncé” merchandise, the parties have informed the court they are moving toward settlement negotiations.


In 2016, Beyoncé sued the defendants, …


Dispute between dating apps Tinder and Bumble about who owns 'the swipe'

IP10153  "In dueling lawsuits, Match, which owns Tinder, alleges that Bumble stole Tinder's intellectual property. Bumble says those claims are bogus, designed to drive down Bumble's worth and "poison Bumble in the investment market," according to Bumble's lawsuit.

The dispute between the two companies illustrates …


Trade mark claim for specific shade of purple filed by Prince's estate

IP10152 "The estate of late musician Prince has reportedly filed a claim to trademark a particular shade of the colour purple.  If successful film and music producers could be banned from using it.  


Prince and his estate are famously protective of their copyrighted material. In 2016, Universal …


Opinion AG CJEU: no copyright protection for a simple military report

Pending Case law

Copyright. Case C-469/17 Funke Medien NRW GmbH v Federal Republic of Germany. Opinion Szpunar.


From the press release: " According to Advocate General Szpunar, a simple military report cannot enjoy copyright protection. First, such a report does not satisfy the requirements in order to be treated as a work …


YouTube CEO: new Copyright Directive threatens hundreds of thousands of jobs


According to YouTube CEO Susan Wojcicki, article 13 of the new Copyright Directive threatens hundreds of thousands of jobs. "Article 13 as written threatens to shut down the ability of millions of people -- from creators like you to everyday users -- to upload content to platforms like YouTube. …


Marques EU judges meeting on 18 January 2019 in Amsterdam


Marques: “MARQUES is hosting its first European Judges Meeting in Amsterdam on 18 January 2019.


Following the popularity of national judges meetings, which have been organised by MARQUES all over the world, this new one-day event will bring together IP-specialist judges and practitioners from across Europe to …


Little Trees Air Fresheners sues Balenciaga for copyright infringement


Vogue: "(...) Nearly two months after Balenciaga was sued by City Merchandise Incfor copyright infringement over its New York tote, the company has once again found itself in hot water over its new leather tree-shaped key rings. 

According to TMZ, Car-Freshner Corporation, the company that owns the rights to …