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Are Appeals Losing Their Appeal?


has learned the next choice, tasty items of tidings from its mole at MARQUES (alias Tibor Gold of Kilburn & Strode):

* Following the savaging it received from the Advocate General inward Case C-498/01 , Zapf Creations has wisely decided non to resist OHIM's appeal to the European Court of Justice against the Court of First Instance's bizarre determination to let the registration equally a Comunity merchandise rank of the words NEW BORN BABY for a doll that looked similar a novel born baby.

* Eurocermex is foolishly planning to appeal against the CFI's refusal, inward Case T-399/02, to let the registration of its three-dimensional green-lemon-wedged-in-top-of-bottle-containing-yellow-liquid rank (see IPKat, 24 August).

* Deutsche-SiSi is appealing against the CFI's refusal, inward Cases T-146/02 to 153/02, to let registration of the shape of drinks pouches equally Community merchandise marks (see IPKat comment, ane February). This apeal mightiness last interesting, if the ECJ finds it necessary to explicate why Deutsche SiSi's drinks container was unregistrable piece that of Nestlé Waters French Republic was establish registrable inward Case T-305/02.
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