ARE APPEALS LOSING THEIR APPEAL?

The IPKat has learned the following choice, tasty items of news from its mole at MARQUES (alias Tibor Gold of Kilburn & Strode):



* Following the savaging it received from the Advocate General in Case C-498/01 , Zapf Creations has wisely decided not to resist OHIM's appeal to the European Court of Justice against the Court of First Instance's bizarre decision to allow the registration as a Comunity trade mark of the words NEW BORN BABY for a doll that looked like a new born baby.



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



* Deutsche-SiSi is appealing against the CFI's refusal, in Cases T-146/02 to 153/02, to allow registration of the shape of drinks pouches as Community trade marks (see IPKat comment, 1 February). This apeal might be interesting, if the ECJ finds it necessary to explain why Deutsche SiSi's drinks container was unregistrable while that of Nestlé Waters France was found registrable in Case T-305/02.