Around the IP Blogs!

News from Europe - both from the North (Denmark) and the South (Spain) - and the USA for this edition of Around the IP Blogs!

Trade marks

This week the Kluwer Trademark Blog reports on two Danish decisions concerning trademark registrations for the name of a colour. In both decisions the Danish Board of Appeal found that the words at issue, Magenta and Cream, would be considered designations of the colour of some of the goods applied for. It also reports on a Spanish decision holding that the representation of a dinosaur on a cookie should remain in the public domain.

The coolest cat

Copyright

The 1709 Blog writes about two lawsuits in the Southern district of New York. The first suit has been filed by Gianluca Vacchi, a social media influencer, against an online investment company and itclaims “copyright infringement, as well as false endorsement and misappropriation of protectable character, protectable scenes, and image and persona of “the coolest man on Instagram.”. The second has been filed by photographer Robert Barbera against Versace USA: it claims that the fashion company did not have the right to publish, on its Instagram account, a photograph (registered by Barbera with the Copyright Office) of Jennifer Lopez wearing Versace.

Patents

PatentlyO has published several articles concerning 35 U.S.C. § 101. It reports on the New PatentlyO Law Journal Essay: Is There Any Need to Resort to a § 101 Exception for Prior Art Ideas? and the reaction to the article in A Response to “Is there Any Need to Resort to a § 101 Exception for Prior Art Ideas?” by Prof. Joshua Sarnoff. Moreover in Does § 101 applies to Design Patents? it discusses the application of the provision to design patents. Moreover in How Smart is your Cleaning Robot? it discusses iRobot Corp. v. USITC (Fed. Cir. 2019), an appeal which focuses on iRobot’s U.S. Patent 9,486,924 allowing for scheduling of the cleaning via mobile phone.