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IP Cases & Articles
A very British affair: The Willow Tea Rooms
A recent United Kingdom Intellectual Property Office (UKIPO) opposition decision has underlined the distinction between goodwill and reputation, and examined genuine use of a series mark. -
IP Cases & Articles
Azumi v Zuma's Choice Pet Products
In Azumi Ltd v Zuma's Choice Pet Products & Others, the UK Intellectual Property Enterprise Court (IPEC) has addressed allegations of trade mark infringement based on the tarnishing and dilution of trade marks. For those brand owners with prestige marks the judgment provides a useful guide to enforcing their rights. -
IP Cases & Articles
The question of evocation: Viiniverla v Sosiaali
According to the Court of Justice of the European Union (CJEU), a 'geographical indication' (GI) for CALVADOS may prevent use of VERLADOS even though VERLADOS is produced in the Finnish village of Verla, is sold only in Finland and the names share only one syllable and four letters in common. -
IP Cases & Articles
Royal Mint sovereign mark opposition upheld on appeal
The UKIPO Hearing Officer's decision to allow the opposition against the word mark 'sovereign' in relation to gold commemorative coins has been upheld by the High Court. -
IP Cases & Articles
Opposition to IWEAR based on earlier mark for INWEAR
In this case between Lauritzen Holding AS (Lauritzen) and IC Companys A/S (IC), the General Court upheld the opposition to IWEAR based on the earlier mark for INWEAR. -
IP Cases & Articles
Flowering fruit? GC compares fruit and flowers
The General Court has rejected an appeal against a decision which found no likelihood of confusion between flowers (roses) and fresh fruit and herbs. -
IP Cases & Articles
LAMBRETTA – revocation for non-use
The CJEU has recently confirmed that the approach to the interpretation of class headings used in trade marks registered before the seminal IP Translator case of 2012 may still be relevant in certain circumstances. -
IP Cases & Articles
LUCKY TEA - a storm in a teacup
Mariage Frères, Société anonyme (MF) and TWG Tea Company PTE Ltd (TWG) have engaged in a number of recent trade mark disputes at the UKIPO. One decision from December 2016 focused on rights in MF and TWG's luxury tea brands, LUCKY TEA. -
IP Cases & Articles
Advantages & disadvantages of the unitary patent
A unitary patent (UP) will be a single patent right, having unitary effect in the participating member states. It will take effect in all the states that are participating member states of the European Union (EU). -
IP Cases & Articles
Unified Patent Court - what is the opt-out?
The opt-out refers to the possibility for European patents (EPs) or pending EP applications to be opted-out from the jurisdiction of the Unified Patent Court (UPC). It will be available during a transitional period of seven years from commencement of the system (or perhaps longer), although it may be applied…
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