Blog
‘Squeezamals’ case: At long last the CJEU will have to interpret the meaning of ‘disclosure’ of an unregistered design
The CJEU is due to answer a long-standing debate in connection with unregistered designs: What happens when the disclosure occurs outside the European Union? Does this prevent protection of the design because it lacks novelty? The protection of unregistered Community designs (UCD) in the European Union is a very useful industrial property right which is […]
Culture after COVID: four visions for four industries
The arts is one of the industries that has been hardest hit by the crisis. The Government has approved a Royal Decree-Law to offset the impact of the pandemic on the cultural industries, but limits on capacity and number of people will mark a before and after. What changes will each of the industries comprising the […]
Mandarins arrive in Luxembourg… the IP ‘case of the year 2020’
The NADORCOTT case (C-176/18) is one of the few matters that the Court of Justice of Justice of the European Union (TJUE) has addressed in connection with plant varieties. A little known right for many until quite recently, it commands a high level of legal sophistication and moves vast amounts of money. After almost a […]
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 […]