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IP Cases & Articles
True Colours: As Clear as Black and White?
It was always received wisdom within the UK that registering a logo or stylised word design as a trade mark in black and white meant that all colours were automatically covered. A new common practice announced by Office for Harmonization in the Internal Market (OHIM) in November 2013 is challenging… -
IP Cases & Articles
Kit Kat 3D Trade Mark Application: Nestl v Cadbury
The High Court has recently referred three questions to the Court of Justice of the European Union (CJ) in the case of Société Des Produits Nestlé SA v Cadbury UK Ltd [2014]. This case is an appeal by Nestlé from a decision of the UKIPO which refused registration of the… -
IP Cases & Articles
Ford v Fraud Musics Application - Detriment to Repute
The Ford Motor Company have been successful in an opposition to prevent registration of the trade mark FRAUD (Device) filed by Fraud Music Company (Fraud Music) for clothing, headwear and footwear in class 25 in the UK. -
IP Cases & Articles
International Registrations: Rivella v Baskaya
This decision of the Court of Justice of the European Union (CJ) confirms that the proof of use requirements in Council Regulation (EC) No 207/2009 on the Community trade mark (CTMR) apply to international registrations and, in addition, any bilateral convention about the equivalence of protection between two countries cannot… -
IP Cases & Articles
EPO fees to increase 01 April 2014
Since 2006 official fees at the EPO have risen on a biennial basis and 1 April this year will see the latest increases. -
IP Cases & Articles
Dumb and Dumber? Parody Defences in the UK
In mid-February 2014, a coffee shop was opened in Los Angeles called “Dumb Starbucks”. The get-up of the café was very similar to the well known Starbucks chain, using the same shade of green and décor. Dumb Starbucks also amended the original Starbucks logo and menu, simply by adding the… -
IP Cases & Articles
Orphan copyright works: little orphan Annies?
Copyright protects original creative and artistic works from the infringing act of unauthorised copying. The copyright owner must give consent to copying for a copier to avoid infringement. -
IP Cases & Articles
Novartis v Hospira: A Strict Approach to Priority
Part 2 of Novartis v Hospira follows the article in our August newsletter on the granting of interim injunctions. In Part 2 of this case, the Court of Appeal has decided on the priority entitlement of one of Novartis’ zoledronic acid second medical use patents EP(UK) 1 296 689. -
IP Cases & Articles
An SPC trilogy: CJEU decides three in a day
The Court of Justice of the European Union (CJ) was very busy in December 2013, ruling on three cases relating to Supplementary Protection Certificates (SPCs) on the same day. These rulings are generally good news for SPC applicants and clarify some long overdue questions of law in this constantly evolving… -
IP Cases & Articles
UKIPO Green Channel - Fast-Track Filing for Green Tech
At the UK Intellectual Property Office (UK IPO) it can typically take two to three years after filing for the average mechanical patent application to be granted. In the biotechnology field the corresponding time to grant can often be much longer. Having a granted patent can often be crucial in…
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