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IP Cases & Articles
Scope of discretion for late trade mark evidence
Following a revision of OHIM's guidelines in June 2014, late additional evidence may be accepted in Community trade mark (CTM) opposition proceedings where it merely strengthens and clarifies relevant evidence presented before the deadline. Decisions from the General Court (T-393/12 and T-322/13 Kenzo Tsujimoto v OHIM) and Board of Appeal… -
IP Cases & Articles
Nissan: renewal requests to be full and timely filed
The General Court (GC) ruling in Nissan v OHIM highlights the need to ensure that renewal requests are made in full before the renewal date expires - otherwise rights may not be recoverable. -
IP Cases & Articles
Innocent smoothies The Dude logo: ownership agreements
This is a case that centres on whether a contract which included assignment of copyright provisions was executed; and whether the provisions in that agreement correctly assigned the copyright. -
IP Cases & Articles
Groundless threat provisions - what are they for?
Groundless threat provisions under UK law are unique in the sense that they aim to safeguard the interests of both IP right holders and third parties at the same time. On one hand IP right holders may be wondering "what steps can I take to protect my IP rights? If… -
IP Cases & Articles
Patent litigation funding and insurance
For parties involved in patent litigation, the potential costs and financial risks involved can often be a significant factor in dictating strategy. In some cases, concerns about costs risks or a lack of funding may even be a complete barrier to commencing litigation against known infringers. -
IP Cases & Articles
Courts take a fresh look at toxic priorities
The concept of multiple priorities, sometimes referred to as partial priority or split priority, has long been a matter for debate in European patent law (and thus UK patent law [see end note 1]). However, interest in how the law governing multiple priorities is to be interpreted has been stimulated… -
IP Cases & Articles
EPO publishes new G3/14 decision
The EPO's Enlarged Board of Appeal have made available a copy of their decision on this case, which considers the issue of whether the Opposition Division are allowed (or even obliged) to consider the clarity of an amendment in which a dependent claim is 'inserted' into an independent claim. -
IP Cases & Articles
Unitary patent: renewal fees disclosed
The potential cost of the European patent with unitary effect (the unitary patent), compared to the cost of a standard bundle of European patents, has been the subject of much debate - since over the lifetime of a patent, the renewal fees can account for a considerable proportion of the… -
IP Cases & Articles
Whitby v Yorkshire ice cream van IP infringement
The High Court of England and Wales has found there to be infringement of certain ice cream van designs and a related trade mark in an interesting case which serves to illustrate the High Court's approach in assessing individual character, particularly with regard to the validity of registered designs of… -
IP Cases & Articles
Enterprise and Europcar fight over use of 'e'
A recent decision from the High Court has provided detailed insight to the relevant public assessment for cases where foreign consumers outside the UK should be given 'cautious' consideration.
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