November 2019 – IP Law Watch

Ferrero successfully enforces the Tic Tac shape mark in Italy

Nov 26 2019

Many of us had a Tic Tac box in our pockets as kids, no matter the country we grew up in. Ferrero Spa (“Ferrero”), the Italian manufacturer of Tic Tac (and lots of other delicious confectionary products) registered the Tic Tac box as a trade mark in several jurisdictions, including Italy.

After succeeding before the CJEU in the invalidation action against BMB sp. z o.o. earlier this year (click here), in a recent case brought before the Italian courts, Ferrero successfully defended its shape marks, despite the invalidity claim brought by S.r.o. Mocca spol. (“Mocca”), a Czech company selling Bliki-branded mints in an identical container.

Lucky number 7: IPEC small tracks claims can be issued in 7 new locations and are no longer tied to London

Nov 18 2019

The expansion of the UK Intellectual Property Enterprise Court (the “IPEC”) has continued with claims now able to be issued in seven new locations outside of London.

To 3D, or not to 3D, that is the question: Another twist in the Rubik’s Cube and its EU trade mark protection

Nov 13 2019

The long running and highly publicised Rubik’s cube case has taken another twist. On 24 October 2019, the EU General Court confirmed the cancellation of the EU trade mark for the 3D shape. The mark was cancelled because its essential characteristics were deemed necessary for its technical function (i.e. the shape’s ability to rotate).

In the Weeds: Key Intellectual Property Takeaways for the Cannabis Industry

Nov 04 2019

Cannabis is a rapidly evolving field with 33 states and the District of Columbia having passed laws broadly legalizing some form of medicinal or recreational use. Of those states, eleven and the District of Columbia have adopted the broadest form of legalization: recreational use. General trends of decriminalization and legalization of cannabis, at the state level, may encourage future legalization at the federal level as well. As with any other high-growth opportunity, business investment in cannabis is on the rise, and intellectual property is a vital concern. Below are five intellectual property takeaways to consider for cannabis-related endeavors.

Unconstitutionality of PTAB judges corrected by Federal Circuit decision

Nov 03 2019

In a Halloween decision, the Federal Circuit issued its opinion in Arthrex, Inc. v. Smith & Nephew, Inc. et al., an appeal from IPR2017-00275. Without wading into the technical merits of the decision, the three judge panel of Judges Moore, Reyna, and Chen, issued a decision that, at first glance, sent tremors through those who practice before the PTAB in AIA-based post-grant review proceedings: finding the appointment of PTAB judges unconstitutional.

Archive:November 2019