IP-Fälle und Artikel
IPEC insights: fruitful litigation, pear-shaped counterclaims
MOUNTAIN PEAR and YU LU FRAGRANT PEAR registrations survive genericism, descriptiveness and non-distinctiveness attacks.
IPEC insights: Dryrobe v D-Robe - why policing your trade mark matters
The decision of the Intellectual Property Enterprise Court (IPEC) in Dryrobe v D-Robe considers issues of genericism in trade mark…
Limits on using “milk” in product names, brand names and slogans: Supreme Court rules Oatly’s trade mark invalid
In short, the use of dairy terms such as “milk” is prohibited within trade marks for plant-based food and drink…
Creative origin: can use of a fashion designer’s own name cause deception to consumers?
A French company, named after its founder, the fashion designer Jean-Charles de Castelbajac, owned various trade marks for “JC de…
Honey, I modified the cooker! Court of Appeal explores trade mark exhaustion and copyright in design drawings
UK Innovations Group (UKIG) sold refurbished and electrified second-hand AGA cookers that had been converted using their “eControl” technology. At…
Political parody of a famous brand: IKEA v Algemeen Vlaams Belang
An opinion of Advocate General Szpunar, on a case referred to the Court of Justice of the European Union (CJEU),…
Nine lives and counting: Puma successful at the General Court
In this longstanding dispute, the EU General Court has annulled another decision of the Board of Appeal of the EUIPO,…
UKIPO: fee increases effective 01 April 2026
This article has been updated 03 March 2026: In December 2025 the UK Intellectual Property Office (UKIPO) announced an increase…
Lip tapes and lawyers: UKIPO considers weak distinctiveness, bad faith and the weight of evidence
Two recent UKIPO opposition decisions demonstrate the pitfalls and evidential hurdles when relying on marks with low distinctive character and…
CJEU: no room for national provisions on forfeiture of rights - EU Trademark Directive fully harmonises acquiescence
In its recent Lunapark v Hardeco judgement (C-452/24), the Court of Justice of the European Union (CJEU) has delivered a…
Acquiring earlier marks, fame negating confusion and (not) a family of marks argument: easyGroup v Premier Inn Hotels
In August 2025, easyGroup’s trade mark infringement claim against Premier Inn’s use of signs containing “REST EASY” in relation to…
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