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 Board of Appeal member Gordon Humphreys and two panels tackling post‑SkyKick trademark filing practices and the legal definition of the average consumer. Proceeds from optional charity tickets will support Bowel Cancer UK.
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...