Insights

On 21 July 2021, we gathered a panel of Novagraaf and industry experts to discuss the IP trends and challenges facing the spirits, wine and beer sectors.

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.

A recent report by EUIPO on the risks and damages posed by IP infringement in Europe has identified that nearly one in 10 European consumers believe they have been tricked into buying counterfeit goods online.

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.

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

Gucci has pipped Rolex to the undesirable top spot of ‘most counterfeited luxury brand on TikTok’ in a 24-hour study of 40 popular brands on the app released this month. The research highlights once again the need to monitor and enforce IP rights on this popular platform. 

Brand value is a key driver of merger and acquisition (M&A) activity, reflecting the growing importance of intangible assets. However, getting IP portfolios M&A ready requires in-depth, proactive work that many fail to carry out, potentially causing serious issues further down the line.

We regularly receive reports from customers that they are being approached by companies pretending to be official IP agencies. Here, we set out a number of common scams and a list of malicious parties to watch out for.