Category: Intellectual Property
Are you feeding your AI model properly?
Although the AI Act (Regulation 2024/1689) does not regulate copyright, it does recognize the existing tension between technology providers and content creators. Seeking a balance between these two forces, it provides for the implementation of opt-out mechanisms allowing the owners of protected works to stop them being used to train AI models, while also allowing […]
The Glencairn glass: a case of protecting the shape and the trademark
The iconic Glencairn glass, the definitive whisky glass, will lose protection as a registered trademark this year. The EUIPO’s recent refusal to recognize its shape as a trademark underscores the difficulties involved in maintaining the legal exclusivity of products with timeless designs. The case reflects the limitations that currently exist in the protection of shapes […]
The Attack of the “Stuffed Cookie Monster” Brands
The Provincial Court of Alicante has ruled in favor of a Spanish company in a trademark infringement and unfair competition case brought against another Spanish one, in connection with the marketing of some biscuits. The court concluded that the appearance and presentation of this product infringed a well-known trademark. This case underscores once again how […]
Let’s put the cards on the table: Are games copyrightable?
Board games have always been a source of fun and creativity. However, beyond the gameboard and dice, an interesting legal question arises: Can these games be protected by copyright? Even though the mechanics of a game cannot be protected, both the game as a whole and its creative elements are copyrightable. The key lies in […]
When a lack of technical legal rigor turns out expensive: patent invalidation and legal costs due to recklessness in the FREENOW case
Besides invalidation of the patent, the lack of a legal basis in patent infringement and invalidity claims can also result in an order to pay costs due to recklessness. The judgments in the FREENOW case reaffirm the need for an exhaustive and well-reasoned analysis in intellectual property lawsuits and serve as a reminder that abuse […]
How do you obtain protection of geographical indications for craft and industrial products?
EU Regulation 2023/2411 on geographical indications is now a reality. Up until now protection had been limited to agricultural products and wines, but the new regulation extends this protection to crafts and industrial products linked to traditional regional skills. Through a two-phase registration procedure, unified protection is guaranteed throughout the EU. When we wrote our […]