Henning Hartwig

[Guest post] Designs, Dilution and Dates: The Almost Forgotten Case C-749/24 – Van Ratingen v Versuni The IPKat blog reports on copyright, patent, trade mark, info-tech and confidentiality issues from a mainly UK and European perspective.

In case of interest 😎

ipkitten.blogspot.com/2025/09/gues...

Quote from the piece by authors Anna Madarasi and Tamás Kende: “At stake is not merely a technical matter of judicial interpretation, but rather the fulfillment of the principle of sincere cooperation enshrined in Article 4(3) TEU.”

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 ICC strongly rejects new US sanctions against Judges and Deputy Prosecutors The International Criminal Court deplores the announcement of new designations for sanctions by the US administration against ICC Judges Kimberly Prost (Canada), Judge Nicolas Guillou (France), Deputy...

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...

A map of Europe showing the number of geographical indications by country. Each country is a different shade of green, and the numbers are in yellow circles. Italy: 889 France: 771 Spain: 388 Greece: 282 Portugal: 207 Germany: 179 Hungary: 88 Croatia: 74 Romania: 75 Bulgaria: 72 Austria: 57 Slovenia: 46 Czechia: 43 Belgium: 39 Netherlands: 39 Poland: 38 Slovakia: 29 Cyprus: 26 Sweden: 26 Ireland: 13 Lithuania: Denmark: 13 Finland: 13 Latvia: 5 Luxembourg: 3 Malta: 4 Estonia: 2

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

Come to the EU, experience the EU design law—whatever title you choose for your design it will be of no help in arguing validity … 😂

The shape of Pocky is now legally trademarked in Japan Manufacturer says it will “appropriately protect and utilize our trademark” of the iconic chocolate pretzel stick snack.

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...

Hard to imagine how to infringe … 👀

Daily painting of #sunflowers in support of #Ukraine.

September sunflower

#art #flowers #Ukraina

FOURTH CAUSE OF ACTION Trade Dress Infringement under 15 U.S.C. § 1125(a) (Against All Defendants) 42. EcoFlow restates and incorporates by reference the allegation in paragraphs 1 through 41 of this Complaint as if fully set forth herein. 43. EcoFlow is entitled to the right, title, and interest in the trade dress embodied by EcoFlow DELTA Series products sold in the United States. See Exhibit B. 44. Defendants have made and sold in interstate commerce the Accused Product that embodies EcoFlow’s trade dress.

Exhibit B, which appears to be a product page for the plaintiff's product

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

Quote from our published article by author Philipp Hacker: “The Court’s decision will establish the legal framework for AI’s relationship with copyright and press publishers’ rights across the EU.”

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...

Country of Iceland successfully freezes out British supermarket's trade marks on the grounds of descriptiveness The IPKat blog reports on copyright, patent, trade mark, info-tech and confidentiality issues from a mainly UK and European perspective.

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...

Eleanor – prop or character? US Court of Appeals says prop The IPKat blog reports on copyright, patent, trade mark, info-tech and confidentiality issues from a mainly UK and European perspective.

ipkitten.blogspot.com/2025/07/elea...

The Hermès Birkin: Breaking Down the Building of an "It" Bag In June, New York federal judge cemented Hermès’s win in the closely-watched lawsuit over the BIRKIN trademark.

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

Well, well—different types of non-solid lines appear to raise questions if not problems when it comes to litigation

Cetero censeo:

An international convention might be helpful and seem to call for global research … 🧐

academic.oup.com/jiplp/articl...

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...

Quote by the author Douglas Husak from the article "Pardons, Criminal Theory, and Political Sociology".

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/

Trump's civil war And our new birth of freedom

open.substack.com/pub/snyder/p...

A cartoon showing various activity at an airport, including an extorted luxury jet, an exploding X rocket, a ketamine enthusiast wheeling a barrow of money to his plane, many ICE officers -- some taking people to an El Salvador plane, another with a zip-tied child being blocked by a federal judge -- scientists boarding a plane to Europe, a medical self-educator covered with pox, and more. All the people are represented by various animals. The story is made in the style of a Richard Starry children's book. Alt text borrowed from Mastodon..

“A Busy, Busy Day at the Airport”

By Ruben Bolling

Genius. Click in.

Quote from our published article by author Antoine de Spiegeleir & Beini Ye “Using Russian Central Bank assets to enforce ECtHR judgments could ensure that any payments obtained would be directed to affected communities.”

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...