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IP Cases & Articles
UK music collecting agencies enter joint venture
The UK has had two longstanding companies for the licensing and collection of revenues for the performance of music in public: PPL (for performers and record companies) and PRS (for songwriters, composers and publishers). As of the beginning of March 2018, they have created one single company for the licensing… -
IP Cases & Articles
Mobile.de v EUIPO: The balance between procedure and justice
The balance to be struck between procedural efficacy and justice is fine. A party needs to present its case in an orderly manner so that the other parties and the court can address it in good time. However, a strict adherence to deadlines can mean that evidence relevant to the… -
IP Cases & Articles
Coca-Cola v Mitico: top up from the General Court
This is the second Appeal to the General Court in relation to the opposition by Coca-Cola to the Master mark. The application had been filed in classes 29, 30 and 32 in 2010 and Coca-Cola had opposed on the basis of its earlier registrations featuring the well known Coca-Cola logo… -
IP Cases & Articles
Acacia v Audi and Porsche: the wheel meaning of the repair clause
By two joined cases, the CJEU has provided guidance on the scope of the “repair clause” within Article 110(1) of the Community Design Regulation. The repair clause excludes community design protection for designs which constitute a component part of a complex product for the purpose of the repair of that… -
IP Cases & Articles
Local use and invalidations: when use can defeat a registration
This Court of Appeal decision considers the question of unregistered use and when it can be used to defeat an existing registration. The Court of Appeal held that localised unregistered use may be sufficient to invalidate a registered trade mark, even if the date of first use of the registered… -
IP Cases & Articles
Polo logos: Beverly Hills Polo Club v Santa Monica Polo Club
The High Court of England & Wales finds trade mark infringement and passing off in a battle between polo logos. This case was brought by the proprietor of UK and EU trade marks for the BEVERLY HILLS POLO CLUB logo (below), registered in relation to, amongst others, clothing goods in… -
IP Cases & Articles
Red Bull EU trade mark registrations invalidated
The General Court (GC) has recently upheld a decision invalidating two of Red Bull’s European Union Trade Mark (EUTM) registrations for a colour combination mark on the basis that they were not sufficiently clear and precise. -
IP Cases & Articles
Burgerista Operations v Burgista Bros: invalidity and infringement
In Burgerista Operations v Burgista Bros, the Intellectual Property Enterprise Court (IPEC) has held that the EU trade mark “BURGERISTA” for restaurant, canteen and bar services is valid and infringed by the sign “BURGISTA” for the same services. -
IP Cases & Articles
Cost(s) of a Big Fat Gypsy Wedding dress: Madine v Phillips
The cap on recoverable costs is one of the key features of the Intellectual Property Enterprise Court (IPEC). The application of this cap was revisited in a recent dispute, Madine (t/a Nico) v Phillips (t/a Leanne Alexandra), which provides some useful guidance. -
IP Cases & Articles
Challenging patent validity: Indian sovereign immunity
In US patent law, an inter partes review (IPR) may be filed against a granted patent by a third party in order to attempt to invalidate the patent (or cause narrowing amendments to be made). An IPR may be filed on the grounds of a lack of novelty, or for…
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