When a band’s residual goodwill falls short: INXS fails to prevent registration of IMXS

A recent UKIPO decision (O/0829/26) highlights that even a well-known band with significant residual goodwill may not be able to prevent the registration of a similar trade mark where the parties operate in fields that are only tenuously linked.
Matthew Dick
Matthew Dick
Partner, Solicitor
Sophie Rann
Sophie Rann
Trade Mark Attorney
When a band’s residual goodwill falls short: INXS fails to prevent registration of IMXS

Balancing trade marks and free speech: can freedom of expression justify using another’s trade mark?

The Court of Justice of the European Union (CJEU) has provided its assessment on how freedom of expression, under Article 10 of the European Convention on Human Rights (ECHR), can be relied upon as “due cause” under EU trade mark…
Abigail Macklin
Abigail Macklin
Associate, Trade Mark Attorney
Balancing trade marks and free speech: can freedom of expression justify using another’s trade mark?

English Whisky secures protected status: implications for producers and brand owners

English Whisky has recently been granted geographical indication (GI) status, formally recognising its distinct identity, reputation and innovation. The new status places English Whisky alongside Scotch, Welsh and Irish whiskies as a recognised and protected whisky category. The decision reflects…
Tilly Kettel
Tilly Kettel
Legal and Trade Mark Administrator
English Whisky secures protected status: implications for producers and brand owners

Business and Property Division of the High Court established: BPD replaces Chancery Division of the High Court

The structure of the UK High Court has been modernised by the recent establishment of the Business and Property Division (BPD). Since the start of October 2026, the BPD has combined the Business and Property Courts, which previously sat across…
Business and Property Division of the High Court established: BPD replaces Chancery Division of the High Court

IPEC insights: Marshall Group AB v OWGH Limited – counterfeits, solicitor withdrawal and defendant absence

The claimants, Marshall Group AB and Marshall Amplification PLC, sued OWGH Limited for infringement of three UK trade marks for MARSHALL and MAJOR, each mark being registered for, among other goods, headphones.
Kamila Geremek
Kamila Geremek
Associate, Solicitor
IPEC insights: Marshall Group AB v OWGH Limited – counterfeits, solicitor withdrawal and defendant absence

IPEC insights: FLOWERBX v FLOWERS BOX - mark with limited distinctiveness succeeds

The Intellectual Property Enterprise Court (IPEC) handed down its judgment concerning the validity of the mark FLOWERBX, which was protected in relation to flowers and retail services in relation to flowers, and its infringement by the use of the sign…
Peter Byrd
Peter Byrd
Senior Associate, Solicitor
IPEC insights: FLOWERBX v FLOWERS BOX - mark with limited distinctiveness succeeds

IPEC insights: Automobile Club de l’Ouest v Omologato Ltd – court brings free-riding on LE MANS watches to a screeching halt

In Automobile Club de L’Ouest v Omologato Ltd, the Intellectual Property Enterprise Court (IPEC) found that uses of LE MANS, LM and LMR by a watch manufacturer infringed the claimant’s class 14 marks under sections 10(1), 10(2) and 10(3) of…
Agnieszka Stephenson
Agnieszka Stephenson
Associate, Solicitor
IPEC insights: Automobile Club de l’Ouest v Omologato Ltd – court brings free-riding on LE MANS watches to a screeching halt

AliExpress fined record €550 million for Digital Services Act breach

The European Commission has fined AliExpress €550 million for breaching the Digital Services Act (DSA), the largest penalty issued under the regulation to date. The e-commerce platform failed to properly police illegal, unsafe and counterfeit goods.
Kamila Geremek
Kamila Geremek
Associate, Solicitor
AliExpress fined record €550 million for Digital Services Act breach

Building AI, open to all? General Court refuses OPENAI

The General Court has found OPENAI descriptive and dismissed OpenAI’s challenge to the EUIPO; a reminder that fame and distinctiveness are not the same thing.
Gabriele Engels
Gabriele Engels
Partner, Rechtsanwältin
Building AI, open to all? General Court refuses OPENAI

AI-generated search engine results: trade mark use or mere reference?

AI has become an integral part of everyday life, but its growing role raises new legal questions, including in trade mark and unfair competition law. The Regional Court of Berlin II recently addressed whether AI-generated overviews constitute trade mark use.
Sophia Hassfeld
Sophia Hassfeld
Rechtsanwältin
AI-generated search engine results: trade mark use or mere reference?

AliExpress fined record €550 million for digital services act breach

The European Commission has fined AliExpress €550 million for breaching the Digital Services Act (DSA), the largest penalty issued under the regulation to date. The e-commerce platform failed to properly police illegal, unsafe and counterfeit goods.
Kamila Geremek
Kamila Geremek
Associate, Solicitor
AliExpress fined record €550 million for digital services act breach

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