Trademarks
Marcel Pemsel analysed the German Patent Court's invalidation of the "Neuschwansteiner" trade mark for beverages. He explored the court's controversial application of the "favourable response" variant for geographical indications, questioning whether a castle's "aura" can truly be considered a descriptive, objective characteristic of a product that is not actually manufactured there.
Katfriend Salvatore Marcenaro discussed the latest developments in the Frisby trade mark dispute. The Alicante Court of Appeal lifted preliminary injunctions against a Spanish user of the mark, ruling that a survey demonstrating the Colombian fried chicken brand’s notoriety solely among the Colombian expat community in Spain was insufficient to establish "well-known" status among the general relevant public.
Oliver Fairhurst reported on a remarkable development in the Crystal Bar trade mark dispute, where the High Court struck out an application for criminal contempt brought against a litigant and its lawyers. The judge firmly reminded practitioners that making standard submissions to the UK IPO does not constitute contempt, warning that the jurisdiction should not be used as a marketing tool or a tactical weapon in litigation.
Geographical Indications
Jocelyn Bosse reported on the EU General Court's dismissal of an opposition to the Irish Grass Fed Beef Protected Geographical Indication (PGI). The decision clarified that while substantial amendments to a PGI application—such as extending the geographical area to include Northern Ireland—require a new national opposition procedure, the European Commission is not obligated to demand additional proof beyond the Member State's confirmation that such a procedure was actually carried out.
Copyright
Georgia Jenkins delved into an epic legal battle over the CGI resurrection of Peter Cushing as Grand Moff Tarkin in Rogue One. Exploring a production company's unjust enrichment claim against Lucasfilm based on a 1993 commercial veto right, she unpacked the Court of Appeal's decision to strike out the claim, noting the urgent need for a UK legal framework to address the commercial value and exploitation of posthumous digital replicas and "artistic data".
IP News and Events
Rose Hughes announced the return of the Pharma & Biotech Patent Litigation in Europe conference in Amsterdam, highlighting key agenda topics—from UPC strategies to skinny labels—and sharing a special 10% registration discount code for IPKat readers.
Söğüt Atilla-Aydın highlighted upcoming events such as the ECS Conference in Versailles, the OxFora IP and Competition Forum, and the JIPLP 20th Anniversary. She also noted the dissolution of IPAN after 33 years of fulfilling its mission, and the USPTO's rather alright new AI-assisted patent eligibility evaluator, MATTHEW.
