![[Guest Post] The Well-Known Status of a Non-European Trade Mark in the EU: The Frisby Case](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjSEYYiMSTT9h5NwOocx3JOlrhKYLNauLDw5vGx-Nuh6Tx2rNeSuaLxm4K8W-nL8FrEsQEQaqvpLuoOx9wnZVqS_JrlBW0dv7JgtPzbyKJLnd4ixRLG7XVSO5Sln0yG1dRX-Qbhu9rjp3mFRLXxC5tRWe5SyfNZRDNo0yIZjBb7TSdhpZXdDJXP/s72-c/ChatGPT%20Image%20Apr%2022,%202026,%2008_35_57%20PM.png)
[Guest Post] The Well-Known Status of a Non-European Trade Mark in the EU: The Frisby Case
The Alicante Court of Appeal lifted the preliminary injunctions in the Frisby trademark dispute, finding the claimant’s survey insufficient to prove notoriety in Spain. The court held that recognition limited to the Colombian immigrant community did not meet the standard of the relevant public. The decision revives pending cancellation actions and spotlights the evidentiary bar for declaring a foreign mark well‑known under EU law. The case underscores how the WIPO Recommendation and prior reputation are weighed when a mark is unused locally.
Champagne Problems? Punk Solutions Amyl and the Sniffers-Style
Australian punk vocalist Amy Louise Taylor filed a lawsuit against commercial photographer Jamie Nelson for selling fine‑art prints that used her name and likeness from a July 2025 Vogue Portugal shoot. Taylor alleges false endorsement under the Lanham Act and violations of...
Never Too Late: If You Missed the IPKat Last Week!
The IPKat’s weekly roundup recapped the 33rd Fordham Intellectual Property Law & Policy Conference, where speakers highlighted WIPO’s evolving role, AI‑driven modernization of IP systems, and divergent data‑governance regulations. It also featured a deep dive into a trademark coexistence dispute...
AI in the Patent Industry: Don't Believe the Hype. Believe the Data.
Recent benchmark data from Artificial Analysis shows that leading large language models—ChatGPT 5, Claude Opus 4.6 and Gemini Pro 3.1—now achieve roughly 75% accuracy on a long‑context reasoning (LCR) test designed for patent work. By contrast, average human domain experts score only 40‑60% on the...
CJEU Delivers Pastiche-Style Judgment on … Pastiche
The EU Court of Justice issued a Grand Chamber judgment clarifying the scope of the pastiche exception under the InfoSoc Directive. It adopted an Advocate General’s definition: a work that evokes an existing piece by adopting its aesthetic language, is...
Fordham 33 (Report 5): Trade Secrets
The 33rd Fordham IP Conference featured a panel on trade secrets, highlighting their enduring relevance alongside patents. Speakers noted that while trade‑secret protection is generally easier to secure, many innovators still rely on patents for statutory monopoly rights. The rise...
Fordham 33 (Report 4): Life Sciences and Healthcare Innovation
A multinational panel at Fordham’s IPKat event dissected life‑science patent strategies across the U.S., Europe, Japan and the upcoming Unified Patent Court. Speakers highlighted how European protocol disclosures reveal methods but not results, making anticipatory rejections rare, while U.S. product‑for‑use...
Sequence Identities and Functional Definitions - Where Is the Limit? (T 0137/24)
The EPO Board of Appeal in T 0137/24 upheld a cannabis‑producing yeast patent by ruling that selecting a higher amino‑acid sequence identity from a convergent list does not add matter. The board found the claim’s functional definition of enzyme activity sufficient,...
![[Guest Post] Oh My Influencer! Italian Rules on Influencer Marketing](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiJbukFTTXZ_lirnKeLQfYtdXLaQZwhq_ApfkRJlwRPzhvz75qNO61xIradk9HnPM2b9JLlvzzBGVScNdmC9KikjhE8zW_bXySI092agCrhiE1pOTyNmXq90sjPZ9zhL6iPwCg5pwjL60VdcBhmazaYo1NZZyzwkAE1koRxcdp3d6jbGwnXZX8JCg/s72-c/Screenshot%202026-04-13%20at%2021.27.09.png)
[Guest Post] Oh My Influencer! Italian Rules on Influencer Marketing
Italy has formalized influencer marketing under a multi‑layered legal regime. Effective July 24 2025, AGCOM’s Regulation No. 197/25/CONS classifies qualifying influencers as audiovisual media services, invoking the TUSMA framework. The rules demand explicit commercial disclosures, protection of minors, and strict respect for trademark...
Important Update on Australia's Flip-Flopping "Best Method" Requirement for Divisional Patent Applications
Australia’s Full Court has affirmed that the “best method” disclosure for divisional patent applications must be assessed at the date the divisional is filed, not at the parent’s filing date. The ruling in The NOCO Company v Brown and Watson...
Fordham 33 (Report 3): Top 5 Takeaways: The Global Divide in Design Protection
The IPKat‑Fordham conference highlighted a stark split between U.S. and European design‑protection regimes. In the United States, designers navigate a costly patchwork of design patents, trade dress, and copyright, while the EU offers a streamlined, low‑cost registration that can be...
Fordham 33 (Report 2): Top 5 Takeaways: Data Governance, Privacy, & Cybersecurity in an AI World
The Fordham Law data governance session highlighted how AI is upending traditional data‑management practices, demanding full traceability and new vendor oversight. Panelists compared stark regulatory splits, noting the EU’s aggressive AI legislation versus Japan’s relaxed consent rules for training data....
Fordham 33 (Report 1): Government Leader's Perspective on IP
The Fordham IP Conference’s opening session featured a panel of senior government and legal officials discussing global intellectual‑property (IP) protection in the age of artificial intelligence. Speakers from WIPO, the U.S. Copyright Office, the European Commission, Singapore’s IP Office and...
Friday Fantasies
The IPKat’s latest update highlights several key developments for IP professionals. An online lecture on plant property rights will be held on April 28, while the CIPA Future Attorneys Conference in London closes registration today. George Washington University Law School announced...
![[GuestPost] Keeping Enemies Closer: C&J Clark v TBC and Trade Mark Coexistence Agreements](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgdvoEm8ikCDqvjJKZ2IGidk_yzA46o9nEjc9BKeoZPWWGZL1r6TYdYYl-OttMcbqaChjIMWXH3dAmywRWIKRqSkoe7bbUb7N6OuUzmWu4UWZTHvYvvFjqa2JHxIcNW63tzTFdBol8s_DioiWV2iVRYmyV8RLFFljIW6GYiiODL-Spb4gQLMlp6rA/s72-c/original-4984E5F9-A119-485B-89DC-76D489BE216B.jpeg)
[GuestPost] Keeping Enemies Closer: C&J Clark v TBC and Trade Mark Coexistence Agreements
The High Court in *C & J Clark International Ltd v Trek Bicycle Corp* ruled that both Clark and Trek breached their 2001 trademark coexistence agreement by venturing into each other's product categories. The judge rejected claims of oral consent...
Never Too Late: If You Missed the IPKat Last Week!
The IPKat blog recapped a quiet week, highlighting key WTO developments from the 14th Ministerial Conference in Yaoundé. Seun Lari‑Williams noted the Multi‑Party Interim Appeal Arbitration (MPIA) is moving toward a permanent two‑tiered system, while Daniel J. Gervais warned that...
Trust Is Not Enough: German Supreme Court Tightens Liability for Google Ads
The German Supreme Court reversed lower‑court rulings and held that a retailer can be liable for unlawful Google Ads under §8(2) of the Act against Unfair Competition (UWG). The court reasoned that the retailer’s cooperation agreement with Google constitutes an...
![[Book Review] Stone on European Union Design Law: A Practitioners’ Guide](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjs0hYGhYjpEXHOc2nJb8EP288iozOaK7nlM90bfDcUXrUVAqOhOS6RY8erIzSqL2TkFniTY222qYv1sRnruTTjk38lgOw8nKRQklNs-wq8bdo2lVwRCCD3TkdV5OH3arzUQ-86reeBKy0dJar2VdE2kYX4yTrk3PIZcwq6Hj9BfYRX8E7hUbFV/s72-c/Bild1.jpg)
[Book Review] Stone on European Union Design Law: A Practitioners’ Guide
Oxford University Press released the third edition of "Stone on European Union Design Law," a 688‑page practitioner’s guide updated through January 2025. The treatise incorporates the sweeping 2024 amendments under Regulation 2024/2822 and Directive 2024/2823, as well as recent EUIPO and court decisions....
![[Guest Post] No Cultural Funding From a Collecting Society at Its Own Discretion and Not for Unauthorised Parties](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh5dDwAXRPG6xR6fz7kSgLQoI-Vx8lbMvOEFeIQsVgFoFAYbvJz6hNjPbKoZHBM0AetmJCxrsTDOiQwWQE_U_TFGjw2DOJFhVOWKCzksBnSO2-SJOMqlEoSBs7thHEfLeaRu0EX_tcm9PHMTijMrducczADw3sXcELvk9TZY-OotWVujnrVSwOrnw/s72-c/81Ttl59nUrL._AC_UF1000,1000_QL80_.jpg)
[Guest Post] No Cultural Funding From a Collecting Society at Its Own Discretion and Not for Unauthorised Parties
The AG in case C‑840/24 argues that EU directives allow German collecting society VG WORT to deduct up to 10% of royalty revenues for cultural promotion, even when the funds benefit non‑rights‑holders. The Federal Court of Justice referred the matter to...
![[Guest Post] The WTO's Tale of Two Dispute Systems](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi7d71XcfP8iFrV-RMw2J8MiC0Vs2mxwAOaiPUF9QJKj5LgZCzGYl2eNGMiUPOB1KRT9aZcMspFCOiXu3LKymeJvd8FzpherV8q5-F6Uwc4TYEqCdWLhdc-pxiUZwTFIGhZVHQDBGrgcRbFToK8vpsIQV_X9yACN_h0opOhq2Kbty1maO5rMR0dwA/s72-c/A%20cat%20outside%20the%20World%20Trade%20Organization%20on%20a%20su.png)
[Guest Post] The WTO's Tale of Two Dispute Systems
The WTO’s 14th Ministerial Conference in Yaoundé downplayed dispute‑settlement reform, leaving the Multi‑Party Interim Appeal Arbitration Arrangement (MPIA) as the de‑facto appellate mechanism. Since the Appellate Body stalled in 2019, the MPIA has delivered two arbitration awards, including a landmark...
Patenting Stem Cell Therapies in the US: The Role and Risks of Product-by-Process Claims (Restem v Jadi Cell)
The U.S. Federal Circuit affirmed that product‑by‑process claims for stem‑cell therapies are novel when the underlying product itself is novel, rejecting Restem LLC’s challenge to US 9803176 covering an umbilical‑cord‑derived mesenchymal stem cell (MSC) product called JadiCell. The court interpreted the...
Is AI-IP Software Just Expensive Wrapping Paper?
The market now hosts more than 70 AI‑assisted IP software firms, most younger than two years. These companies do not build their own large language models; instead they wrap existing frontier LLMs such as Gemini, Claude, or GPT with domain‑specific...
MAN v Rolls-Royce – How Not to Advertise Your Mark
The EU General Court upheld the invalidation of MAN Truck & Bus’s “V12X” trademark, finding the mark descriptive for marine engines. The court accepted Rolls‑Royce’s evidence, including screenshots and MAN’s own marketing claims that “X” meant next‑generation, extra displacement, and excellent...
AG Emiliou Advises CJEU to Rule that OCSSPs' Authorization Under Article 17 of the DSM Directive Extends to Acts of...
Advocate General Emiliou urged the CJEU to interpret Article 17 of the EU DSM Directive as covering not only the communication right but also the reproduction right of online content‑sharing service providers (OCSSPs). He argued that storing user‑uploaded content creates a...
![[Guest Post] Wear Your Trade Mark on Your Sleeve: Sponsorship Agreements and Termination Clauses in the Football Industry](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgJzJdhLr2RbI4-50qkU0wAA-oy-OjimApwZGJG9NJlSNYxh_sU32a5PssyGBN9OVyv-NwCvpuyEE0nV7pUAV7QkcpL0kWyEpsI0H7D6jDxO6xLRkdOcoktAQ5kYXeZDYysaH6Etb6l8kNt8FSUuqhioIsJeTdPcipIHgcnpPHBJm4QweQPV2SVNQ/s72-c/k5ycq14tfcr71.jpg)
[Guest Post] Wear Your Trade Mark on Your Sleeve: Sponsorship Agreements and Termination Clauses in the Football Industry
The Milan Court ruled that Inter Milan validly terminated a three‑year sleeve‑sponsorship agreement after the Cyprus‑based sponsor failed to pay, confirming the binding nature of express termination clauses under Italian law. The decision classified the deal as a fiduciary contract, emphasizing...
Never Too Late: If You Missed the IPKat Last Week!
The IPKat weekly roundup highlights a series of cross‑border intellectual property developments. The CJEU clarified copyright subsistence for critical editions, while the EU General Court refined the genuine‑use test for local trademark users. In Australia, federal courts appear more willing...
GuestPost: The USPTO’s Climate Change Mitigation Pilot: End of a Green Fast-Track and What It Means
In April 2025 the USPTO abruptly ended its Climate Change Mitigation Pilot Programme, a fast‑track that gave climate‑focused inventions fee‑free, accelerated examination. Launched in 2022, the pilot processed 1,399 petitions and granted 898 special statuses, delivering first Office Actions in...
Australia's Extension of Time Provisions for Patents Have Their Limits (and May Soon Have More)
Australia’s extension of time (EOT) provisions for patents are praised for flexibility, but a recent Australian Patent Office (APO) decision underscores that applicants must demonstrate a genuine error or omission, not a deliberate choice, to qualify. The case of MossHydro AS...
EU and Australia Finally Reach Compromise on Prosecco GI
The EU‑Australia free trade agreement was finally signed, ending a protracted dispute over geographical indications (GIs). Australia will protect 396 EU GIs, including the Prosecco designation, while still allowing the term “Prosecco” to be used as a grape‑variety name within...
CJEU Rules that Derivative Works Enjoy Copyright Protection if They Are … Original
The CJEU affirmed that derivative works enjoy copyright protection in the EU only when they meet the originality threshold. In the Institutul G. Călinescu case, a critical edition of a 19th‑century Latin text was examined to determine if the editor’s...
Is the Tide Turning for Pharmaceutical Patent Preliminary Injunctions in Australia?
After eight years of denying pharmaceutical preliminary injunctions, Australia’s Federal Court granted two rare orders in 2025‑26, favoring originators Janssen and AstraZeneca. The court applied the traditional two‑factor test—prima facie infringement and balance of convenience—but placed greater weight on the...
UK Report on Copyright and Artificial Intelligence Published
The UK Departments for Science, Innovation and Technology and Culture, Media and Sport have released the long‑awaited Report on Copyright and Artificial Intelligence, mandated by section 136 of the Data (Use and Access) Act 2025. The report signals a hands‑off approach: no...
![[Guest Post] [Conference Report] Intellectual Property in the Gaming Industry (JDPI)](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhSrqYAFbXxoFv9cNjpxVd0o9me9yS7YejRYAS8dIttFWC1R9f0z6eW6275fBFlOOxsXuPF8oj__dDYARtNjQABMLqUbKY4mbrfjzXKplZRBsJ-2dixJM07ZAG8CPLU4J8vXbVHj6JTDEpc4afXCsBB1jDZaln3rtc_sk1Uzs25-pvV7fvScBW0Ow/s72-c/pexels-70979789-8405029.jpg)
[Guest Post] [Conference Report] Intellectual Property in the Gaming Industry (JDPI)
The University of Geneva’s JDPI 2026 conference examined intellectual property challenges in the video‑game sector, emphasizing the difficulty of classifying games as software, audiovisual works, or hybrid creations. Speakers compared EU, US, and UK approaches, noting the EU’s aggregation model...
IP Australia Opens Consultation for Reforms – Have Your Say!
On 3 March 2026 IP Australia published a consultation paper proposing wide‑ranging reforms to Australian IP law, with a focus on patents. Key patent proposals include expanding the definition of exclusive licencees, shortening opposition timelines for pharmaceutical patent term extensions, introducing fixed...
From Braunschweig to Luxembourg: When Local Hospitality Constitutes Genuine Use
The General Court dismissed the appeal in Altendorfer v EUIPO, confirming that a single steakhouse in Braunschweig can satisfy the EU trademark genuine‑use requirement for hotel and catering services when combined with a robust online presence. Haus zur Hanse demonstrated use of...
RESCHEDULED Retromark: The Conference – Now on 23 June 2026
The seventh annual Retromark conference has been shifted to Tuesday 23 June 2026 due to a London Tube strike. Attendees must re‑register as previous sign‑ups do not carry over, and tickets remain free but limited. The agenda features a keynote by EUIPO...
Monday Miscellany
PermaKat Eleonora Rosati testified before the UK Communications and Digital Committee, contributing to its new report on AI, copyright and the creative industries. The report recommends technical standards for rights reservation, data provenance and mandatory labeling of AI‑generated content to protect...
Breitling for Women? More Like Bad Faith for Women, Says the EUIPO
The EUIPO Fifth Board of Appeal upheld the Cancellation Division’s finding that the trademark "BREITLING FOR WOMEN" was registered in bad faith. The decision relied on Article 59(1)(b) of the EU Trade Mark Regulation and CJEU precedent, noting the applicant’s lack of a...
'Tang Gold' Is Not Essentially Derived From 'Nadorcott' Plant Variety, Finds Patents Court
The Patents Court ruled that Asda’s “Tang Gold” mandarin is not an essentially derived variety (EDV) of the protected “Nadorcott” cultivar. The judgment hinged on differences in pollen viability and seed production, which the court deemed essential characteristics of Nadorcott....
A Twist Too Functional: General Court Rejects Hand-Grip Corkscrew Trade Mark
The General Court upheld the EUIPO’s refusal to register Empreinte’s hand‑shaped corkscrew handle as a 3‑D EU trademark, finding the design exclusively functional under Art. 7(1)(e)(ii) EUTMR. The Court ruled that the Board of Appeal provided sufficient reasoning and that procedural...
Guest Post - From Belgian Speculoos Biscuits to One of the World’s Most Popular Brands
Lotus Bakeries transformed its traditional Belgian Speculoos biscuit into the globally recognized Biscoff brand, a move that went beyond marketing to secure robust trademark protection. Since 2020 the company has registered nine EU trademarks covering the name, three‑dimensional biscuit shapes,...
Rethinking Creative Fairness Under the UK’s New Automated Decision-Making Rules
The UK Data (Use and Access) Act 2025 replaces GDPR Article 22 with Section 80, easing restrictions on fully automated decision‑making (ADM) while defining "meaningful human involvement" and "significant" effects. The new safeguards only trigger when decisions rely on special categories of...
![[Guest Post] Paris Court of Appeal Clarifies Platforms’ Obligations Under Article 15 DSM Directive in Twin Decisions Against X](/cdn-cgi/image/width=1200,quality=75,format=auto,fit=cover/https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgCM4Pa_gOjB4W3SpuC8PcbW_ono8T6K1VRCDd6FRq2NTMEgiz-4vgMhVrXQ507U0PgBqksa9D2dp65KIK4iv9fF_YiwuUR51rPriEccTNC3jZW5c1p7h_8ar7BDA_BLTS9LgI4Hzjrd204mDNlIAIdUzmbcAMgK6p2uCIugZuY4iqHzdzLLZpVyA/s72-c/istockphoto-880917850-612x612.jpg)
[Guest Post] Paris Court of Appeal Clarifies Platforms’ Obligations Under Article 15 DSM Directive in Twin Decisions Against X
On 25 September 2025 the Paris Court of Appeal upheld two injunctions forcing X (formerly Twitter) to disclose detailed engagement and revenue data for press content, confirming the platform’s duty to provide information needed to calculate remuneration under Article L.218‑4 of the French...