EU

Last month, the General Court of the European Union achieved a new milestone when it handed down its first-ever judgement on a sound mark registration, presented as an MP3 file. Koen de Winder sets out the background and implications of the ruling.

Drinks companies have diversified their products and ranges, and implemented new strategies in response to changing consumer preferences and the impact of both Brexit and COVID-19. But, what do these factors mean for brands' IP strategies moving forward? 

The estate of Swedish author Astrid Lindgren successfully established last year that a German version of the song ‘Hey, Pippi Longstocking’ infringed its copyright. To mark the launch of the new official version of the Pippi Longstocking song this month, Koen de Winder examines the court case and what it means for the character’s legacy.

The European patent system provides companies with an efficient structure for protecting inventions in Europe. However, there are a number of crucial points to consider if they are to make the best use of the system.

Assumptions that the shape mark is dead may have been overturned this month, after the General Court of the EU found the shape of a lipstick suitable for trademark protection. While it is not easy to protect characteristics such as shapes under EU trademark law, the recent judgement provides hope for companies wishing to protect design elements or other features of their products.

Finally, some good news for the Unitary Patent. Germany's Federal Constitutional Court has rejected the two applications for a preliminary injunction against the German Act of Approval to the Unified Patent Court Agreement. The decisions mark a key step forward for the Unitary Patent, says Robert Balsters.

The ruling in 'Museum of illusions' is a reminder that the assessment of the likelihood of confusion must be considered globally and cannot result from a mechanical application of the principles, as Florence Chapin explains.

The proposed Unitary Patent system promised a simpler and more cost-effective route to patent protection in and across the EU member states; however, its route to implementation remains far from certain. We set out the answers to some frequently asked questions.

Koen de Winder examines ‘image rights’ in the context of a Dutch model’s attempt to register her portrait as a trademark.

The battle between the 'impossible' and the 'incredible' burgers resumed on 5 May when EUIPO’s Cancellation Division assessed a claim of invalidity against the ‘Impossible Burger’ trademark. Loretta Dashorst sets out the background to the latest ruling.

Novagraaf’s Department of Mechanical Engineering has provided patent services to United Caps, a manufacturer of plastic caps for the food industry, for more than 15 years. We spoke to Sébastien Rime, Director of R&D, about current challenges in the manufacturing and production of plastic caps, and how Novagraaf has been able to help.

In the second of our articles focusing on brand protection on online marketplaces, Markus Rouvinen explains how the forthcoming Digital Services Act offers both opportunities and risks for brand owners seeking to protect their IP online.