Unboxing Tetra Pak: General Court Declares Iconic Carton Shape Invalid
The EU General Court overturned the Board of Appeal and declared Tetra Laval’s three‑dimensional octagonal carton shape invalid as a trade mark. The court applied Art. 7(1)(e)(ii) of the EU Trade‑Mark Regulation, finding that the shape’s reduced material use, enhanced stability and easier handling constitute technical results. By emphasizing these functional benefits in its marketing, Tetra could not claim the mark was merely decorative. The ruling reinstates the EUIPO’s original invalidity decision and clarifies the scope of functional‑feature protection.
AI-Generated Search Summaries and Trade Marks: Berlin Court Refuses Injunction over Perfume “Dupes”
On 1 June 2026 the Berlin Regional Court II dismissed a trademark injunction against a search‑engine operator that had added AI‑generated overviews and answers about perfume “dupes”. The court held the AI‑generated text merely summarized third‑party content and did not constitute the...
![[Guest Post] FIFA v Ballon D’Or: An Off the Pitch World Cup Clash for the Ages](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg7APIymebQwB7fHaE_JG5o14Nq0ol2PoQyI82AeXOO2_6lVY5CU5ALzdVg8u4ILbmq1tQ_oVwWPe6gy5ODXfcsajU7eQRCRQbx_ds5k7uvCu3g_wcRM-JtXK83DMUnqipHt09RIGm-heEKFf15aZ9qH2VreggYotl5pX9S0z5vkqQMt9ffxjygIg/s72-c/istockphoto-2160762116-612x612.jpg)
[Guest Post] FIFA v Ballon D’Or: An Off the Pitch World Cup Clash for the Ages
FIFA has filed trademark applications for the term “FIFA GOLDEN BALL” across major jurisdictions, sparking a clash with the long‑established Ballon d’Or trademark owned by France Football. The dispute revives a historic rivalry between FIFA and UEFA over naming rights for...
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Saturday Sundries
The European Patent Organisation welcomed Moldova as its 40th member on 1 June 2026, automatically extending patent designation to the new state. The UK Intellectual Property Office unveiled a Knowledge Asset Management Hub to help businesses and research institutions protect and commercialise...
![[Guest Post] Can Performers' Rights Be Bought Out at All? Brazil's New Dance Professionals Act Revives a 1978 Assignment Ban...](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjdvdENS9gix_2cPISubn34kWi8JxxF4aIkpkAdFDIaIWdUjevFI6iSwvPmIwK6jUPDgNCrj7RzlnaN9CPqCddevs-sF8VqO85fSGEvdMjqIQpQNIPuOVXfLWLkuOd287wZQi8uRyHx7HDmE8iwKTyMJuACnoSnRkOKgRv2XbLlRH-aQRfLBb02Rg/s72-c/funny-dancing-cats-fb3-png__700.jpg)
[Guest Post] Can Performers' Rights Be Bought Out at All? Brazil's New Dance Professionals Act Revives a 1978 Assignment Ban...
Brazil’s new Dance Professionals Act (Law No. 15 396/2026) reinstates the 1978 prohibition on assigning performers’ and related authors’ rights, mandating remuneration for each exhibition of a work. The provision mirrors Article 13 of Law 6 533/1978 and extends the ban to choreographers and creators,...
No Appeal Against Divisional "Best Method" Decision in Australia – Where to Next?
Australia’s Full Federal Court in The NOCO Company v Brown and Watson International upheld that the “best method” requirement for divisional patents is judged against the applicant’s knowledge at the time the divisional is filed. The patentee chose not to...
![[Guest Book Review] Criminal Intellectual Property Enforcement in Asia: Sources, Significance and Side-Effects](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhVqWhxZ89eEht190Cfa5WPYLoEqfab-9WH0uAozbUW2gegKhcyIV2idjiVG_YHJTxGcRFbGlozZ1ZKPEuB9aESimYsvcxAPmogJLTxudzkKF5PbbiS_284moFTmdirnVjxc9Z2tjtNDk-uRVnBMqB3SgQDAeQK6kDoGE1lsO7CNbs8xQwckPmdxQ/s72-c/Book%20image%20Criminal%20Asia.png)
[Guest Book Review] Criminal Intellectual Property Enforcement in Asia: Sources, Significance and Side-Effects
The newly edited volume Criminal Intellectual Property Enforcement in Asia provides a comprehensive comparative analysis of how Asian nations criminalize IP violations, shifting the scholarly focus from mere TRIPS compliance to domestic legal traditions and policy priorities. It blends criminological theory with...
When a Strap Is Not Enough: General Court Upholds Invalidity of Crocs' Iconic Clog Design
The EU General Court upheld the EUIPO’s finding that Crocs’ clog design, even with a heel strap, lacks individual character and is invalid. The court affirmed a high degree of design freedom for footwear, but concluded the strap is an...
Obelix Conquers Luxembourg
Polish firm WORKS 11 MICHAŁ LUBIŃSKI secured an EU word mark “Obelix” for weapons in 2022. Les Éditions Albert René, holder of the “OBELIX” mark for comics and related merchandise, sought cancellation, arguing reputation and likelihood of confusion. The EUIPO’s Board of Appeal dismissed the claim,...
Court of Appeal Backs HOKA's Restrictions on Online Sales
The UK Court of Appeal overturned a Competition Appeals Tribunal ruling that had branded Deckers’ HOKA online‑sales restrictions as illegal. The appellate court held that limiting sales to approved websites did not constitute a ‘by‑object’ breach of competition law and...
Be Careful What You Wish For: Method of Treatment Claim for an Antibody Genus Found to Satisfy Both Written Description...
The Federal Circuit reversed a district‑court JMOL and upheld a jury verdict that Teva’s method‑of‑treatment claims covering any humanised anti‑CGRP antagonist antibody satisfy both the written‑description and enablement requirements. The court drew a clear line between claims to a functional...
ROSE-Tinted Reasoning? The General Court on Colour Words
The EU General Court dismissed Rose Bikes GmbH’s attempt to register the word mark “ROSE” for clothing, footwear and headgear, finding it descriptive under Art. 7(1)(c) of the EUTMR. The court concluded that the term “rose”, understood as the colour pink,...
US DOJ Flags Competition Law Concerns in Corteva V. Inari Plant Invention Dispute
The U.S. Department of Justice Antitrust Division filed a statement of interest in the Corteva v. Inari seed‑patent dispute, warning that intellectual‑property law should not create unnecessary barriers to competition. The case involves Corteva’s patents and plant‑variety protection for corn,...
Italian Transposition of Press Publishers’ Right May Be Compatible with EU Law, Though with Caveats, Says Grand Chamber
The EU Court of Justice’s Grand Chamber ruled that Italy’s implementation of the press publishers’ right under Article 15 of the DSM Directive can be compatible with EU law, provided the rights remain preventive and apply only where information‑society service providers...
The CJEU on Heritage Washing in Trade Mark Law
The CJEU ruled that a trademark containing a historic year can be deceptive under Art. 4(1)(g) if it suggests long‑standing know‑how and a guarantee of quality that does not exist. The decision arose from the Fauré Le Page Paris case, where the mark...