In a copyright law dispute between Michael Hayden (claimant) and Jeff Koons (defendant), the US Court of Appeals for the Second Circuit held that the claimant’s copyright infringement claim failed because of the statute of limitations: a ‘reasonable copyright owner’
The IPKat
The IPKat is a blog focused on intellectual property law, providing analysis and updates on patent, trademark, and copyright issues. It covers legal developments from various jurisdictions, including European and Australian courts, and discusses topics such as patent validity, trademark genuine use, confidentiality in patent law, and copyright protection. The blog also highlights events and webinars related to intellectual property practice. Its content is aimed at legal professionals, academics, and others interested in IP law, offering detailed commentary on case law and regulatory changes without promotional language.
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Latest from The IPKat - Page 4
[GuestPost] What has long arms and lives in Switzerland? The cross-border injunction club gains a new member
The list of courts willing to reach across
borders after BSH v Electrolux has a new entry. Katfriend Peter Ling
(Lenz & Staehelin) provides the following analysis of the Swiss Federal Patent
Court’s first cross-border preliminary injunction decision, in which…
Is consignment a novelty destroying prior use in Australia?
A recent Australian Patent Office (APO) opposition decision,
voestalpine Rail Technology GmbH v Nippon Steel Corporation [2026]
APO 17, considered whether delivery of a product on consignment can
amount to novelty destroying prior use in Australia. This decision is a…
[Guest post] Mixing it up: Court of Rome invalidates Müller’s two-compartment yoghurt pot 3D trade mark
The IPKat has received and is pleased to host the following news item by Katfriend Edoardo Cesarini (GR Legal) regarding a recent first instance decision concerning the validity of a three-dimensional (3D) trade mark for a well-known yoghurt pot. Here’s…
Angry Birds crash into bad faith
Let us start with a little quiz. For which concept(s) of trade mark law are the following conditions relevant: A reputation of the earlier mark, a link between the earlier mark and the contested trade mark and free-riding on the…
UK eyes unitary plant variety right with the EU
The UK is negotiating a sanitary and phytosanitary (SPS) agreement with the EU, which seeks to ease the trade and movement of plants and other products. The latest update tells us that the SPS agreement may provide the option to…
The risk of unclear contract terms and evidentiary deficiencies to entitlement claims
Contracts play a critical role in clarifying the
ownership and transfer of IP, but frequently define the IP with reference to
broad and non-specific terms. A recent Australian Patent Office decision in
ThermoChem Recovery International Inc. v FULC JV LLC…
Book Review: Start Up Campus: How UC Berkeley Became An Unexpected Leader in Entrepreneurship and Startups
By IP Finance
I’ve meant to write about this book for some time, but I’ve
been chasing squirrels on other hills. I’ve
decided today to finally get it done. The
University of California, Berkeley, Innovation and Entrepreneurship Council,
has published Startup Campus: How …
Cyberhacking Indictment Unsealed Involving Alleged Theft of University IP
By IP Finance
On August 18, 2026, the US Department of Justice unsealed an
indictment concerning cyberhacking campaigns conducted against universities around
the world, governmental entities and companies by an Iranian hacking
group. The press release states, in
part:
Mabna Institute Hackers …
[Guest post] I hoped you’d like (culture) jamming too: ODEE, Samherji and the ECtHR
The IPKat has received and is pleased to host the following guest contribution by Katfriend Alberto Godioli (University of Groningen), discussing the interplay between copyright protection and freedom of expression in the aftermath of the 2025 decision of the High…