European patent 2 305 255 was provisionally declared invalid to the extent of patent claim 12 with effect for Germany. It concerns a cancer drug with a patent claim to the active substance sorafenib tosylate, i.e. to the salt of the active substance sorfenib for oral administration.
Grant for European IP Protection: SME Fund 2022
On the initiative of the EU Commission, the EUIPO will continue to offer financial support for SMEs for IP protection applications in 2022. The new edition of the SME Fund programme promotes the European protection of trade marks, designs and patents.
CODE-X vs. Cody’s: Likelihood of confusion in drinks?
A case on likelihood of confusion of trade marks for beverages was decided before the CFI: CODE-X v. Cody's. A relevant aspect was the question of whether phonetic similarity is particularly significant in the beverage sector. Not in the present case, the CFI ruled.
EOS lip balm no 3D trademark – appeal before ECJ not admissible
The EOS lip balm is an eye-catcher - yet its registration as a European 3D trademark was refused, most recently before the CFI. Now, the ECJ has ruled in this matter: plaintiff EOS (Luxembourg) failed in its appeal against the CFI ruling - and therefore in its registration as a 3D trade mark.
PAP is in force: UPC possible in 2022
It has been expected for years, and now the Unified Patent Court (UPC) is probably coming in 2022: The last phase of the construction of the UPC, the so-called PAP, came into force on 19 January 2022. So to say, the UPC is "born", now it has to become grown up.
CFI: Pumpkin seed oil + PGI symbol
In the dispute concerning the registration of the EU figurative mark 'Steirisches Kürbiskernöl g. g. A.', the question before the CFI was whether a figurative mark containing figurative elements and, inter alia, the PGI symbol 'g.g.A.' was rightly regarded by the Board of Appeal as misleading with regard to protection
China joins the Hague Agreement
WIPO announced China's accession to the Hague Agreement. From 5 May 2022, international design applications in and from China will therefore be quick and easy.
SPOTIFY v POTIFY – a ‘pot’ app
The music streaming service Spotify won a trademark dispute in the USA over the app name POTIFY - an app for medicial Marijuana. Spotify successfully claimed that its own brand SPOTIFY was diluted by the app name POTIFY - which was allegedly inspired by Shopify and ''pot".
Crypto trading: NFT for luxury and art
Crypto trades with NFT promise proportional participation in luxury brands and works of art; for this year's Valentine's Day, for example, the sale of NTFs on Klimt's "Kiss". But there are also legal disputes in the digital crypto world: Hermès as well as Sotherby's are in litigation over NFT, as is Quentin Tarantino.
Shipwreck for Iglo: lawsuit over figure Käpt’n Iglo
Iglo sued Appel Feinkost for misleading advertising of fish products, but failed before the Munich Regional Court in 2020. On 10 February, the OLG Munich heard the case: Iglo probably failed again in the dispute over likelihood of confusion for the advertising figure Käpt'n Iglo.
CFI: Shoes MADE IN ITALY
An interesting case concerning shoes MADE IN ITALY was decided before the CFI. Was there a likelihood of confusion between the signs MAIMAI MADE IN ITALY and YAMAMAY? The analogy between the letters Y and I was also discussed, as was the distinctiveness of the element MADE IN ITALY - for shoes.
Germany: Value in dispute and costs in proceedings
In general, in court proceedings the unsuccessful party must bear the costs. And the corresponding value in dispute is determined by the court "at its discretion" in Germany. The BPatG has ruled on such a question, on a value in dispute in patent invalidity proceedings with expiry of the patent in suit.
POWER YOUR SPORT – slogans as German trademark
Is it possible to protect slogans that have proven themselves to customers or in company advertising, for example, as a trademark? This often fails. The current decision of the German BPatG is all the more interesting: POWER YOUR SPORT as trademark for sports jerseys?
Grill bowl design: patent drawings against design
In the legal dispute about two grill bowl designs before the CFI, the contested GRILL BOWL Community design was challenged in its individual character because of an older national grill bowl design - submitted as a patent specification. May the patent claims be used in the comparison of the overall impression?
PCT application – does the principle of joint applicants apply?
In general, the principle "joint applicants approach" to European patent applications. But does this also apply to an international PCT application? The EPO has recently decided to refer this question to the Enlarged Board of Appeal.