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IP Cases & Articles
FIDELITY & FIDELIS: no likelihood of confusion
In Fil v Fidelis, the Patents Court of England & Wales has held that various trade marks including the word FIDELITY for “insurance services”, “financial services” and “investment services” were partially invalid and not infringed by the sign FIDELIS for similar services. -
IP Cases & Articles
Tattoo artist can't stop identical trading name
A recent IPEC decision confirms evidence of deception and resulting damage is imperative to substantiate a passing off action. This is a passing off action brought by tattoo and visual artist Henry Martinez against a cactus shop under the identical trading name “Prick”. -
IP Cases & Articles
Position marks: adidas keeps its stripes
This decision from the General Court relates to protection of position marks and raises interesting points on reputation, due cause and unfair advantage. -
IP Cases & Articles
Crocs Inc v EUIPO: Lack of novelty
Crocs Inc loses its appeal before the General Court resulting in the invalidation of its EU Community design for its famous foam clogs. -
IP Cases & Articles
Holland & Barrett v General Nutrition: TM Licences
It is common for a brand owner to own a main brand and a number of sub-brands which incorporate the main brand, with corresponding trade mark registrations (sometimes referred to as ‘main’ and ‘auxiliary’ marks respectively). -
IP Cases & Articles
Junek v Lohmann & Rauscher: repackaging
Seniority is a quirk providing that the holder of a national mark registered in an EU country who files a later EU trade mark (EUTM) for the same mark may surrender the earlier mark and claim seniority from it under the EUTM – the owner then enjoys the same rights… -
IP Cases & Articles
Seniority moment: Peek & Cloppenburg
Seniority is a quirk providing that the holder of a national mark registered in an EU country who files a later EU trade mark (EUTM) for the same mark may surrender the earlier mark and claim seniority from it under the EUTM – the owner then enjoys the same rights… -
IP Cases & Articles
Admissibility of new evidence on appeals from registrar
In Consolidated Developments v Cooper, the England and Wales High Court has given guidance on when fresh evidence can be adduced on appeal from the Registrar at the UK Intellectual Property Office. -
Team
Nathaniel Wand
I enjoy working with a variety of different types of client across a wide range of chemical and biological technologies, covering the whole life cycle of a patent, ranging from due diligence exercises and freedom-to-operate searches and opinions, through to patent drafting and worldwide prosecution.I have particularly enjoyed working with… -
IP Cases & Articles
Walton v Verweij Fashion: notice of discontinuance
When commencing infringement proceedings, one should always be mindful of how to extricate oneself from those proceedings, if needed. In the UK, bar settlement, the normal course is to serve a notice of discontinuance in relation to all (or part) of the claim. The consequence of this is usually that…
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