European Patents Court Incompatible with EU Treaties

The decision of the Court of Justice of the European Union (CJEU) to the effect that the proposed pan-European Patents Court falls foul of EU law is (unfortunately) not surprising.
European Patents Court Incompatible with EU Treaties

Galileo v European Union [2011] EWHC 35 (Ch)

Galileo was an Italian physicist, mathematician, astronomer and philosopher who played a major role in the Scientific Revolution. He made a number of contributions to what is now known as technology, which is ironic given the goods and services in…
Richard Burton
Richard Burton
Partner, Trade Mark Attorney
Galileo v European Union [2011] EWHC 35 (Ch)

Threats Actions: Best Buy v Worldwide Sales Corp

The US corporation (and its UK subsidiary), Best Buy, intended to open a series of shops in the UK and elsewhere in Europe under the name BEST BUY.
Threats Actions: Best Buy v Worldwide Sales Corp

What is the Effect of a Granted Patent?

Once a patent has granted, rights under the patent are enforceable. These rights have a limited life span. Furthermore, specific acts must be carried out to keep the patent in force. These issues will be discussed below.
What is the Effect of a Granted Patent?

PROCAPS and PROCAPTAN Confusingly Similar (Procaps)

An appeal from OHIM’s Board of Appeal to the General Court resulted in the ruling on 2 June 2010 that PROCAPS is confusingly similar to PROCAPTAN in respect of pharmaceutical preparations.
PROCAPS and PROCAPTAN Confusingly Similar (Procaps)

KREMEZIN and KRENOSIN: Likelihood of Confusion

On 16 June 2010 the General Court issued its judgment in Kureha Corp v OHIM, concluding that there exists a likelihood of confusion between the trade marks KREMEZIN and KRENOSIN in respect of pharmaceutical products.
KREMEZIN and KRENOSIN: Likelihood of Confusion

Schlumberger  v Electromagnetic Geoservices

Obviousness and sufficiency are two of the most important criteria for judging validity of a patent under UK and European law. Both are assessed through the eyes of the nominal ‘person skilled in the art’. In a decision handed down…
Schlumberger  v Electromagnetic Geoservices

PORTAKABIN Adword Trade Mark Infringement?

The European Court of Justice has recently provided another ruling in yet another case concerning the use of trade marks as adwords.
Gemma Kirkland
Gemma Kirkland
Partner, Trade Mark Attorney
PORTAKABIN Adword Trade Mark Infringement?

UK High Court Upholds OMEGA Co-existence Agreement

Omega Engineering Inc v Omega SA: The American engineering company Omega Engineering Inc and the Swiss watchmaker Omega SA both operate under the trade mark OMEGA.
UK High Court Upholds OMEGA Co-existence Agreement