IP Cases & Articles
Wikipedia won’t save you: why professionally drafted evidence is key
OpenAI, the developer behind the AI chatbot ChatGPT, has recently succeeded in its opposition to the application for the word…
No confusion in the curves: lessons from Puma v EUIPO Ningbo Gongfang Commercial Management
This judgment centres around visual similarity and confirms how the EU courts assess likelihood of confusion in cases involving purely…
Sky’s the limit? UKIPO finds “Sky” does not retain an independent distinctive role in “SkyDuck”
Sky Limited (Sky) was unsuccessful in its opposition against a UK trade mark application for the word mark “SkyDuck” in…
Going nowhere with a bathing ape: earlier rights in EUTM oppositions
A Bathing Ape (BAPE) is a famous, luxury, Japanese fashion brand. The eponymous BAPE is sometimes stern and sometimes very…
Small town, big bite: local restaurant shows genuine use doesn’t need a big footprint
A single steakhouse, social media buzz and cross-border visibility: the General Court clarifies how “local” use in one member state…
New gTLD program: 2026 round brand protection opportunities and challenges
In the Internet Corporation for Assigned Names and Numbers’ (ICANN’s) latest initiative to expand the Domain Name System (DNS), eligible…
Ona Patents v Google: UPC places strong emphasis on procedural economy and a “front-loaded” approach
The Unified Patent Court (UPC)’s Düsseldorf Local Division has dismissed a direct infringement claim brought by Ona Patents against Google…
G 2/21 and the admittance of post-filed data for inventive step: T 1989/19 & T 1847/23 and reliance on common general knowledge
In G 2/21, the Enlarged Board of Appeal of the European Patent Office (EPO) held that a patent proprietor may…
Article 3(d) of the SPC regulation: CJEU referral questions meaning of “first authorisation”
The German Federal Patent Court has referred to the Court of Justice of the European Union (CJEU) a question on…
Product-by-process claims at the UPC: lessons from Düsseldorf
A decision (ORD_68984/2024) from the Düsseldorf Local Division of the Unified Patent Court (UPC) provides useful guidance on how product-by-process…
Unified Patent Court: indirect infringement and preliminary injunctions
Two recent cases from the Munich Local Division of the Unified Patent Court (UPC) relate to indirect infringement, leading to…
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