In case of interest 😎 ipkitten.blogspot.com/2025/09/gues...

New tensions in Hungary’s judiciary 🇭🇺: After intervening in the referral phase of Art. 267 TFEU, the Hungarian Supreme Court now seeks to influence how lower courts apply CJEU rulings. ANNA MADARASI and TAMÁS KENDE on what's at stake. verfassungsblog.de/hungary-prel...

THE GOOD NEWS: last year's version of COVID booster is being found to cover the new variants pretty well. So even if the newest version, for whatever reason, cannot be issued to the pharmacy chains, get the last version currently in the pharmacy chains and it should be protective as well...

The International Criminal Court deplores the announcement of new designations for sanctions by the US administration against 4 ICC Judges 🇨🇦🇫🇷🇫🇯🇸🇳. www.icc-cpi.int/news/icc-str...

Europe’s culinary heritage is rich, diverse, and worth protecting. With 3,500+ geographical indications registered, we’re safeguarding the traditions, skills, and people behind them. So, they’re never lost to imitation. Behind every label is a legacy. Time to discover them ↓ europa.eu/!DByXmJ

the shape and design of pocky was deemed functional & thus ineligible for trade dress protection in the US, but the company that makes it has just been granted a 3D trademark in japan soranews24.com/2025/08/09/t...

Daily painting of #sunflowers in support of #Ukraine. September sunflower #art #flowers #Ukraina

At least on first skim, I'm not seeing any description of the purported trade dress.

Busy times in AI and copyright law. The CJEU has received its first referral on chatbots and copyright. PHILIPP HACKER unpacks the case and possible outcomes. The decision could reshape the future of AI development. verfassungsblog.de/copyright-ai...

The EU General Court upheld the cancellation of two trade marks belonging to the major supermarket, Iceland, for being geographically descriptive for the Nordic country: ipkitten.blogspot.com/2025/07/coun...

Jane Birkin’s original Hermès bag sold for €8.58M ($10M) to a phone-in bidder during a Sotheby's auction in Paris today. www.thefashionlaw.com/breaking-dow...

Grand Chamber judgment Ukraine and the Netherlands v. Russia - the Court holds Russia accountable for widespread and flagrant abuses of human rights arising from the conflict in Ukraine since 2014 tinyurl.com/5f4mwju3

Vidéo : Prononcé de l’arrêt de grande chambre dans l’affaire Ukraine et Pays-Bas c. Russie | Video: delivery of the Grand Chamber ruling in the case of Ukraine and the Netherlands v. Russia tinyurl.com/2e5n5ewc #ECHR #CEDH #ECHRdelivery

Hot off the press—my paper on lack of consistent subject matter in EU design law has been published today in GRUR International (OUP) #designpatents academic.oup.com/grurint/adva...

Case C-323/24 on freedom of the designer under EU design law: curia.europa.eu/juris/docume... Advocate General EMILIOU is citing one of my recent papers and, overall, endorses a concept of ‘inverse proportionality’ (for which I coined the notion ‘reciprocity’)—not bad to start the weekend 😎

TIL: Stuttgart Appeal Court found that German toy company Ravensburger must not refrain, under the Italian Codice dei beni cultural i e del paesaggio, from using, outside Italy, reproductions of Leonardo da Vinci’s ‘Vitruvian Man’ (11/6/2025; 4 U 136/24) www.landesrecht-bw.de/bsbw/documen...

Pardons for friends, threats for foes: Trump turns justice into a loyalty test. When power rewards allegiance over fairness, the system itself is at risk. DOUGLAS HUSAK unpacks the corrosive impact of transactional pardons on American democracy. verfassungsblog.de/pardons-crim...

Last weekend, Trump deployed the National Guard and marines to LA. The memorandum targets core First Amendment activity: peaceful protest. EMILY BERMAN outlines and critiques its legal basis, and explains why this case will reach far beyond L.A. verfassungsblog.de/troops-in-l-a/

“A Busy, Busy Day at the Airport” By Ruben Bolling Genius. Click in.

The ECtHR may soon issue its first compensation awards against Russia for its conduct in Ukraine. Given Russia’s lack of cooperation, ANTOINE DE SPIEGELEIR (@antoine-despieg.bsky.social) and BEINI YE examine enforcement via third states holding Russian assets. verfassungsblog.de/ecthr-russia...

The International Criminal Court upholds justice in the face of the most serious crimes. It must remain free from pressure and true to its principles. We will always support its vital work and protect its independence.

Today Ukraine honours the boys and girls killed in Russia’s war against Ukraine. So many young lives destroyed and childhoods stolen by the hands of an imperialistic power intent on causing pain. Russia must be held accountable for every life lost.

Now available in English.

TIL: Chinese Supreme People’s Court, on 24/3/2025, found that the nearly exact reproduction of a work protected under copyright law within a later trademark constitutes an unauthorized use of the work. Simply adding subject matter does not avoid infringement … www.wanhuida.com/Content/2025...

Perhaps surprisingly, the Design chapter was the first to get totally blown up by intervening legal developments. So expect a major overhaul there. We'll be updating the "One Day on Designs" supplement as well, which can be used in any IP course where you want to spend one day on design patents.

Revisiting James M. McPherson's 'Abraham Lincoln' (Oxford, 2009)

ICI: Here is my detailed analysis of Advocate General Szpunar’s long-awaited Opinion in the Mio and USM Haller/konektra cases (Joined Cases C-580/23 and C-795/23) www.bardehle.com/de/ip-news-w...

This morning, Advocate General Szpunar issued his long-awaited Opinion in ‘Mio’ (C-580/23) and ‘USM Haller/konektra‘ (C-795/23), allowing for some critical initial thoughts … 🤔

Interesting post by @jcornwell123.bsky.social on UK design law:

What a fascinating encyclopedic article on bus seat pattern from 67 cities worldwide—this rich variety of designs is truly inspiring (the one shown is taken from Bogotá) sz-magazin.sueddeutsche.de/wohnen-und-d...

Hasbro‘s MONOPOLY is celebrating 90th anniversary TIL: It all started in 1904 with a utility patent … 😎 en.wikipedia.org/wiki/The_Lan...

As of today, the German Federal Office for the Protection of the Constitution (BfV) classifies the “Alternative for Germany” (AfD) as a confirmed right-wing extremist endeavor due to the extremist nature of the entire party, which disregards human dignity www.verfassungsschutz.de/SharedDocs/p...

TIL of another Crocs’ defeat: EUIPO’s BOA found different overall impression (3/3/2025, R 732/2024-3) but NOT based on differences in material/colouring (prior art left) because the “informed user knows that one and the same shoe model can be offered in various materials or colours” … 🤔

Yesterday, the CJEU found Malta's citizenship for investment scheme incompatible with EU law requirements for Union citizenship. SIMON COX unpacks what the landmark judgment means for EU citizenship and the future of golden passport schemes. verfassungsblog.de/the-eu-free-...

These claims have merit but should these copyright & trade dress registrations exist? LEGO got copyright registrations in contravention of the (later repealed) rule against granting (C) registrations for patented designs. Then it got a trade dress registration for the same once-patented design.

On 12/2/2025, EUIPO’s BOA found (R 118/2022-2) that acquisition of distinctive character through use had not been demonstrated with respect to Veuve Clicquot’s EUTM 747949 (abstract orange colour mark; “champagne wines”)—case still pending Today, I stumbled accross “Mionetto Prosecco” at ALDI … 👀

Once in a while I watch this—nearly brings tears to my eyes. So much respect they show and deserve youtube.com/watch?v=tGbR...

NEW! EU Citizenship decision - The CJEU @eucourtofjustice.bsky.social has found Malta to be in breach of Art 20 TFEU and Art 4(3) TEU for the "commercialisation" of the nationality of a Member State and by extension of EU Citizenship - case C-181/23 Commission v Malta curia.europa.eu/juris/docume...

This is another good example of how high the standard of similarity is for design patent infringement.

TIL: Indian Supreme Court recalled that an artistic work initially enjoying copyright protection would remain protected unless a design derived from it has been reproduced more than fifty times or is registered under the Designs Act [2025 INSC 483] No double protection 👀

Now waiting for (re)actions from @ec.europa.eu and @consilium.europa.eu... On broader background, EU's double standards and EU political/legal remedies following Orban's withdrawal from ICC, see @vanelsuwege.bsky.social's @verfassungsblog.de post verfassungsblog.de/how-hungarys...

On 23/102024, the General Court of the EU, for the first time, found a registered EU design consisting of views that are not conclusive invalid. While the result is beyond doubt the standards suggested to be applied are less persuasive as shown in my paper (just accepted).

Design aficionados, can I have your attention please? The new EU design law allows for a defence against infringement in case of acts carried out for the purpose of parody 👀 Ever encountered such a situation? This is not about logos etc. but product configurations (3D) … Comments appreciated 🙏

20/2/2025: German Federal Supreme Court issues landmark decision on Birkenstock sandals, finding absence of copyright protection (I ZR 16/24) 26/2/2025: Grounds published 30/4/2025: My case note (in German) will be released That’s fast … 😎

Would you confuse LINDOR with ALDI’s MOSER ROTH? Well, 25% of the Swiss public would associate one with the other according to a poll submitted by LINDT and endorsed by a 31-page verdict (Aargau Commercial Court, 14/12/2024; HSU.2024.50) including 60 footnotes! decwork.ag.ch/api/main/v1/...

Media reports (www.lto.de/recht/nachri...) that the Munich District Court apparently found infringement of abstract colour mark EUTM no. 18282231 by German Karlsberg Brauerei (25/3/2025, case 33 O 14937/23) 👀 Grounds not yet available