Tag: Europe

1
Does Brexit Always Mean Brexit?
2
Ed Sheeran in “Shape of You” Court Battle
3
Does Reputation Ensure Distinctive Character of a Trade Mark? Not Necessarily
4
Name and Shame On Instagram – The ASA’s New Tactic For Non-Compliant Influencers
5
French Reform of Automatic Intellectual Property Assignment for Non-Employee Personnel
6
EUIPO 2 : AC Milan 0 – AC Milan Fails to Register Its New Club Crest in the EU
7
Ferrari Obtains New Guidance From the CJEU on Protection of Parts Under the Unregistered Community Design Regime
8
Should Copyright Exceptions Apply to AI Mined Data? And Other Questions Raised Under the UKIPO Consultation on Artificial Intelligence and Copyright and Patents
9
Cosmetic Blunder – All UK Instagram Content Must Make Clear On the Face of it that It’s an Ad, Including Reels and Stories
10
Registrability of Shape Marks and Technical Function of Complex Products: The Pirelli Case

Does Brexit Always Mean Brexit?

The General Court recently decided the case Nowhere v EUIPO (Case T-281/21) and overturned the EUIPO decision (and general position) on the validity of UK earlier rights in the context of EU oppositions post-Brexit.

The EUIPO Communication No 2/20 made clear that the EUIPO will treat all UK rights to cease to be ‘earlier rights’ for the purposes of inter partes proceedings. However, the General Court held that the EUIPO Second Board of Appeal made an error in rejecting an opposition solely due to the UK earlier rights losing validity in the EU post-Brexit and that the relevant date to assess the validity of UK earlier rights should be the filing date of the opposed application.

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Ed Sheeran in “Shape of You” Court Battle

Singer Ed Sheeran is currently giving evidence in a three week High Court copyright trial over his 2017 chart-topping hit “Shape of You.”

Sheeran has been accused by two musicians, Sami Chokri and Ross O’Donoghue, that his hit song, “Shape of You” plagiarises “particular lines and phrases” of their 2015 composition, “Oh Why.” The two songs in question share a similar melody.

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Does Reputation Ensure Distinctive Character of a Trade Mark? Not Necessarily

The General Court of the European Union (EGC) handed down its decision on the invalidity proceeding brought against the well-known Moon Boot 3-D trade mark registration. The GC took a close look into the distinctiveness of 3D signs, providing new guidance on the subject.

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Name and Shame On Instagram – The ASA’s New Tactic For Non-Compliant Influencers

In June 2021, the UK’s Advertising Standards Authority (ASA) began naming and shaming certain influencers for “consistently failing to disclose ads on their Instagram accounts, despite repeated warnings and help and guidance on sticking to the rules” on their website (see here).

The name and shame list was created as a result of the ASA Influencer Monitoring report, which found inconsistent ad disclosure by influencers on Instagram through Stories, posts and Reels, with the disclosure rules being followed only 35% of the time (see here). The influencers listed on the webpage are subject to enhanced monitoring and remain on there for a minimum of three months.

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French Reform of Automatic Intellectual Property Assignment for Non-Employee Personnel

France is widely known for its author-centric intellectual property right (IPR) framework: except for a limited number of very specific situations, all IPR must be expressly assigned and there is no “work for hire” doctrine.

This situation is changing, further to Decree n°2021-1658 dated 15 December 2021, replicating the regime applicable to inventions and software created by employees or public servants to those made by natural persons accommodated by private or public law entities carrying out research.

This decree amended the French Intellectual Property Code (FIPC), by creating two new articles: L.113-9-1 (with regard to software IPR) and L.611-7-1 (with regard to patent IPR) FIPC.

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EUIPO 2 : AC Milan 0 – AC Milan Fails to Register Its New Club Crest in the EU

AC Milan is one of Europe’s most decorated football clubs with seven European Cup/Champions League titles and 18 Serie A (Italian league) titles. However the Rossoneri, as the club is affectionately known, recently came up against an unfamiliar opponent in an unfamiliar field of play, being in the General Court of the European Union (the General Court), following their attempts to register their club crest as a trade mark.

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Ferrari Obtains New Guidance From the CJEU on Protection of Parts Under the Unregistered Community Design Regime

The European Court of Justice (CJEU) has handed down its decision in the case Ferrari v. Mansory Design on the scope of protection of Unregistered Community Designs (case C 123/20). This case is particularly relevant as it shines a new light on the scope of protection of part of a product under the Unregistered Community Designs (UCD) regime.

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Should Copyright Exceptions Apply to AI Mined Data? And Other Questions Raised Under the UKIPO Consultation on Artificial Intelligence and Copyright and Patents

On Friday 29 October, the UK’s Intellectual Property Office (the “UKIPO”) launched a consultation entitled “Artificial Intelligence and IP: copyright and patents” (see here), which closes 11:45pm on 7 January 2022 (London time). The consultation forms part of the UK government’s ‘National Artificial Intelligence (AI) Strategy’ (the “Strategy”), which followed the government’s 2017 Industrial Strategy publication.

The aim of the consultation is to determine the right incentives for Artificial Intelligence (“AI”) development and innovation, while continuing to promote human creativity and innovation.

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Cosmetic Blunder – All UK Instagram Content Must Make Clear On the Face of it that It’s an Ad, Including Reels and Stories

The UK Advertising Standards Agency (ASA) has found that an influencer’s Instagram reel and story breached the advertising regulations. All advertising made by influencers must make it clear that it is an advert, otherwise brands, even if they have no control, will be held jointly responsible.

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Registrability of Shape Marks and Technical Function of Complex Products: The Pirelli Case

The CJEU has rendered its decision on the invalidity actions brought by Yokohama against the below shape mark filed by Pirelli. The mark represents a single groove of a tyre tread, covering “tyres, solid, semi-pneumatic and pneumatic tyres, rims and covers for vehicle wheels of all kinds, vehicle wheels of all kinds, inner tubes, wheel rims, parts, accessories and spare parts for vehicle wheels of all kinds“ in class 12.

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