Never Too Late: If you missed the IPKat last week!
Simone Lorenzi
Never Too Late: If you missed the IPKat last week!
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| Even the most diligent Kat needs to recharge. |
Trademarks & Image Rights
Eleonora Rosati discussed Italian singer Giusy Ferreri’s recent EUIPO sound mark application for the phrase "SONO GIUSY FERRERI", filed as a defense against unauthorized AI digital replicas and deepfakes. Eleonora explored the complex registrability hurdles for such marks — including distinctiveness, substantial value, and public policy — and cautioned that trade marks may not be the silver bullet against AI cloning that many artists hope for.
Marcel Pemsel analysed the CJEU's decision in Fauré Le Page (C-412/24) concerning "heritage washing". The Court ruled that including a historical year in a trade mark can be deceptive if it falsely implies long-standing know-how and a guarantee of prestige for luxury goods. However, Marcel questioned this approach, noting that it risks conflating absolute grounds for refusal with the grounds for revocation based on deceptive use.
Marcel Pemsel also questioned the General Court’s reasoning in Rose Bikes v EUIPO (T-56/25) regarding the descriptiveness of colour word marks. While the Court ultimately found the word "ROSE" descriptive for clothing due to the specific subcategory of baby goods, Marcel criticised the underlying premise that colour is generally a "purely coincidental and arbitrary aspect" of fashion items, contrasting this generous approach with the strict rules applied to abstract colour marks.
Copyright
Eleonora Rosati examined the CJEU Grand Chamber’s highly anticipated ruling in Meta (C-797/23) regarding Italy's transposition of the press publishers’ right under Article 15 of the DSM Directive. Eleonora unpacked the Court's crucial caveats — that exclusive rights must remain preventive and cannot be downgraded to mere remuneration rights, and that Article 15 only applies if information society service providers (ISSPs) actually use the publications — noting the significant implications these findings hold for both Italian law and the future of AI training.
Patents & Competition Law
Jocelyn Bosse reported on the US Department of Justice Antitrust Division's statement of interest in the Corteva v. Inari seed dispute. Jocelyn detailed the DOJ's concerns that contractual restrictions — such as Material Transfer Agreements on deposited seeds — should not act as extra-statutory encumbrances. The DOJ emphasized that fulfilling the "patent bargain" requires allowing the public physical access to "read" the biological material, ensuring IP laws do not over-insulate large biotech firms from competition.
Rose Hughes highlighted a WIPO survey aimed at redesigning the biological sequence search tool for PATENTSCOPE. Encouraging readers to provide feedback before the 20 May 2026 deadline, Rose emphasized the industry-wide benefits of developing a free, comprehensive, and easy-to-use search tool to keep pace with the growing complexity of biologics.
IP News and Events
Verónica Rodríguez Arguijo gathered the latest IP news, featuring upcoming IP conferences—including the Copyright Society’s Annual Meeting, the ALAI Congress, the ATRIP Annual Congress, and the MARQUES Annual Conference. Verónica also highlighted a PhD opportunity at the University of Lapland and the release of the EUIPN’s new practical guide for implementing the regulation on craft and industrial geographical indications.
Image credit: Gemini AI