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What brand would you associate this product with?: the three-dimensional cookie that prevents Gullón’s trademark registration
The General Court of the European Union has refused to register the figurative mark `Gullón Twins Cookie Sandwich´ because Gullón was taking unfair advantage of the earlier three-dimensional mark protecting the shape of Oreo’s cookie. In this case T-677/18, the General Court decides on the appeal lodged by Galletas Gullón against the decision of the […]
‘Let him breathe!’: The end of immunity on social media?
Following the protests in the US at the death of George Floyd, Trump posted a message on Twitter warning “when the looting starts, the shooting starts”. Twitter decided to hide the tweet for “glorifying violence” and breaching the rules of the platform. It also flagged the US President’s tweets about voting by mail adding a […]
Italy’s Supreme Court applies Cofemel Case to confirm KIKO Stores’ copyright protection
An Italian ruling allows companies to use intellectual property law to protect the design of their shops in certain circumstances. This opens up an interesting way of protection for those firms that decide to invest in design to achieve a differentiated image in their establishments. Not only fashionistas associate a store design to a particular […]
New setback for DABUS: An artificial intelligence system cannot be an inventor
Both the European Patent Office (EPO) and the US Patent and Trademark Office (USPTO) have refused the first patent applications designating an artificial intelligence (AI) system, called DABUS, as an inventor, considering that only a natural person can be an inventor. DABUS (device and method for the autonomous bootstrapping of unified sentience) is an artificial […]
360º Advertising: in the spotlight of the Competition Authority and the courts
The Spanish Competition Authority (CNMC) has set its focus on 360º marketing and already sanctioned several production companies for broadcasting undercover advertising. One of such sanctions was recently analysed by the Supreme Court, which confirmed the 324,000 euros fine that the CNMC had imposed on Mediaset for undercover advertising of parapharmaceutical products on the program […]
‘La irlandesa’ who wasn’t from Ireland: a trademark fight
The EUIPO has confirmed the nullity of the mark `La Irlandesa´. The analysis of this case provides criteria and guidelines for determining not only the misleading nature of a sign, but also when its application should be found to have been made in bad faith. The Grand Board of Appeal of the European Union Intellectual […]