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A Teapot Steeped with Dicta: An Update on In re Maatita and Design Definiteness

IP Watchdog

The flexible approach of In re Maatita to definiteness embodies the idea that designs can be depicted in a variety of ways while still being reasonably understood by the ordinary observer.

Design 52
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Why the Conspiratorial Responses to Canada’s Antisemitism Guide Demonstrate Its Necessity

Michael Geist

That meeting sparked what became a 16-year open process to develop much-needed anti-racism tools, including the creation of the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism.

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AG Øe advises that partial designs may be protected as unregistered designs

The IPKat

Just before closing down for summer vacation, Advocate General (AG) Saugmandsgaard Øe issued his Opinion in Case C-123/20 concerning the protectability of ‘partial designs’ (design rights for part of a product) as an unregistered Community design right.

Design 131
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A table and a table coaster that shaped EU design law

The IPKat

In this ruling, which originated from a design invalidity claim before the EUIPO (OHIM, as it was known then), the Court of Justice construed the meaning of the ‘informed user’. Under EU design law, the ‘informed user’ is the standard on the basis of which it examines both the validity and the infringement of a design.

Design 136
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The European Commission publishes the proposals for a revised Regulation and Directive on designs

The IPKat

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. New definitions for “design” and “product” (Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively.

Design 135
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EUIPO on trade marks and designs in the metaverse

The IPKat

EUIPO also announced that, so far, the Office has registered the following applications related to NFTs and the metaverse: In this context, EUIPO held the webinar “ Trade marks and designs in the metaverse: legal aspects/EUIPO practice ” some days ago. Challenges involving designs in the metaverse were also addressed. see here ).

Design 144
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Trademark on Product Design: Are these biscuit sticks functional

Patently-O

A potentially important product design trademark case is pending before the U.S. Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. The district court found that the design is functional and therefore not protectable by trademark.

Design 133