The IPKat
AUGUST 2, 2021
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.
The IPKat
SEPTEMBER 3, 2021
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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
The IPKat
NOVEMBER 30, 2022
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.
The IPKat
NOVEMBER 19, 2024
Yesterday, the EU design reform reached its final step: it was published in the Official Journal as Regulation (EU) 2024/2822 and Directive (EU) 2024/2823. Taken upon by the European Commission, the initial design reform took several years of adoption, mainly because of controversies surrounding design protection of spare parts.
The IPKat
SEPTEMBER 27, 2022
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 ).
Patently-O
JULY 30, 2021
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.
JD Supra Law
AUGUST 12, 2024
Until now, case law has defined an “article of manufacture” solely for purposes of damages in design patent infringement actions. The federal court’s decision to reject this position has now harmonized the definition of an article of manufacture across multiple statutes.
Expert insights. Personalized for you.
130 
Let's personalize your content