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IP Cases & Articles
Shnuggle v Munchkin: Munchkin wins IPEC baby bath design dispute
In Shnuggle v Munchkin, the Intellectual Property Enterprise Court (IPEC) of England & Wales has found that Munchkin did not infringe Shnuggle’s registered Community designs and unregistered UK design rights by importing and selling its baby bath, the Sit & Soak, into the EU and UK respectively. -
IP Cases & Articles
Bent(ley) out of shape in trademark dispute
In Bentley 1962 Ltd v Bentley Motors Ltd ([2019] EWHC 2925 (Ch)), the High Court has found Bentley Motors to have infringed trade marks belonging to a small UK-based clothing company. While not a landmark case, the decision highlights the importance of trade mark registrations for even the smallest of… -
IP Cases & Articles
in relation to gaming" > The distinctiveness of "DUNGEON" in relation to gaming
Appealing before the General Court, Kalypso Media Group GmbH (KMG) recently sought to reverse a decision issued by the EUIPO (upheld by the Board of Appeal) confirming the existence of a likelihood of confusion between the word marks “DUNGEONS” and “DUNGEONS & DRAGONS” in respect of games and goods and… -
IP Cases & Articles
Shanks v Unilever - not too big to pay
UK law [see note 1 below] provides that in certain circumstances an inventor is entitled to compensation in respect of an invention which is owned by their employer and for which a patent is granted. -
IP Cases & Articles
SPCs" > SPCs update: CJEU ducks issue of "third party" SPCs
In spring 2019, we reported that the UK Patents Court had referred a question to the CJEU regarding the grant of SPCs to a party which does not have the consent of the marketing authorisation (MA) holder – so-called “third party SPCs”. Regrettably, the CJEU has ruled the referral inadmissible. -
IP Cases & Articles
G1/19 - comments by the President of the EPO
In our October 2019 newsletter, we discussed the G/19 referral on simulation inventions to the Enlarged Board of Appeal at the European Patent Office [see note 1 below]. As discussed in the article, G/19 is of potentially huge significance in the field of computer-implemented inventions due to the potential effect… -
IP Cases & Articles
EUIPO design appeals - the full facts, evidence & arguments
An invalidity action was filed at the EUIPO against a granted registered Community design (RCD) and the Invalidity Division declared the contested RCD to be invalid based on a prior art design in the form of an earlier RCD which had been published in the year preceding the filing date… -
IP Cases & Articles
Late-filed claims at the EPO Opposition Division - a new hope
In T0688/16, the Board of Appeal held that new claim requests can be filed during opposition proceedings if there is a change of opinion by the Opposition Division during proceedings. The Board of Appeal held that such new claim requests cannot be considered “late-filed”. -
IP Cases & Articles
EPO: Revised Guidelines for Examination in force 01 November 2019
The revised EPO Guidelines, for Examination provide guidance for examiners and applicants on European patent law and procedure. The revisions clarify, in a number of important areas, how applications should be treated before the EPO. Some of the most notable changes are discussed in this article. Guideline references of the… -
Newsletter
Patent Newsletter No.74
Page 118 of 230
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