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Newsletter
Trade Mark Newsletter No.145
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IP Cases & Articles
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 infringement claims and offers a reminder to brand owners about the importance of protecting the distinctiveness of their brands. -
IP Cases & Articles
Limits on using milk in product names, brand names and slogans: Supreme Court rules Oatlys trade mark invalid
In short, the use of dairy terms such as “milk” is prohibited within trade marks for plant-based food and drink goods unless the term is clearly used to describe a “characteristic quality” of the goods, such as “milk free”. The UK courts have considered whether this restriction, resulting from an… -
IP Cases & Articles
Design meets copyright: Mio & Konektra reshapes EU protection for works of applied art
On 04 December 2025, the Court of Justice of the European Union (CJEU) in the joined cases of Mio and Konektra revisited the core principles of EU copyright law in the context of furniture design. Addressing subsistence and infringement, the ruling provides timely clarity on originality and the protection of… -
IP Cases & Articles
When being the perfect secretary is not enough: no title protection for Miss Moneypenny
In a dispute over whether “Miss Moneypenny” or simply “Moneypenny” can be protected as a work title, the Bundesgerichtshof (German Federal Court of Justice, BGH) has clarified the requirements for protecting fictional characters as such. -
IP Cases & Articles
Creative origin: can use of a fashion designers 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 CASTELBAJAC” (the JC marks). The company became insolvent and its trade marks were assigned to PMJC SAS (PMJC/the company) in 2011-12. Jean-Charles agreed to work for PMJC until the end… -
IP Cases & Articles
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 first instance in the Intellectual Property Enterprise Court (IPEC), AGA Rangemaster Group (AGA) alleged trade mark and copyright infringement. -
Webinars & Videos
Phase 3 trials, post-filed data, inventive step and novelty European biotech patent case law series (February 2026)
European patent attorneys Simon O'Brien and Nathaniel Wand present our latest webinar update of new and important European Patent Office (EPO) biotechnology patent case law. -
News
Remembering Nicholas Malden
It is with great sadness that we share the news that our partner, friend and colleague, Nicholas Malden has passed away following a long illness. Nick will be deeply missed by all of us who had the privilege of knowing and working alongside him. Our thoughts at this time are… -
News
Chambers Global & Germany 2026
Chambers Global and Germany has ranked our Munich office as a leading (tier 5) trade mark practice and partner Jana Bogatz as a leading (band 4) lawyer.
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