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Joshua Wallington
I joined the biotechnology team at D Young & Co in 2018 and have a strong technical background in biological sciences, with a particular focus on immunology.Since joining the firm I have gained experience in various aspects of patent law including drafting, prosecution, oppositions and appeals. My work covers UK,… -
Newsletter
Trade Mark Newsletter No.143
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IP Cases & Articles
Lip tapes and lawyers: UKIPO considers weak distinctiveness, bad faith and the weight of evidence
Two recent UKIPO opposition decisions demonstrate the pitfalls and evidential hurdles when relying on marks with low distinctive character and the impact of correspondence between parties when pleading bad faith. The contrasting outcomes highlight the importance of preparing a clear strategy, persuasive evidence and proper pleadings. -
IP Cases & Articles
CJEU: no room for national provisions on forfeiture of rights - EU Trademark Directive fully harmonises acquiescence
In its recent Lunapark v Hardeco judgement (C-452/24), the Court of Justice of the European Union (CJEU) has delivered a clear message: national procedural doctrines regarding forfeiture of rights have no place alongside the harmonised regime of acquiescence under the EU Trademark Directive (TMD). -
IP Cases & Articles
Bottle labels: copyright infringement and passing off
Protection is available to artists, where the copying is substantial, and where they have generated goodwill in relation to their art. A recent decision considers some interesting points including whether artists can generate goodwill in relation to works of art, what circumstances constitute joint tortfeasorship and what level of damages… -
IP Cases & Articles
Acquiring earlier marks, fame negating confusion and (not) a family of marks argument: easyGroup v Premier Inn Hotels
In August 2025, easyGroup’s trade mark infringement claim against Premier Inn’s use of signs containing “REST EASY” in relation to hotel services was dismissed by the UK High Court. The claim was brought for trade mark infringement under sections 10(2) (a likelihood of confusion) and 10(3) (reputation) of the Trade… -
IP Cases & Articles
Who knew air vents could be so interesting! General Court decision expands the concept of partial use
The applicant, Bouwbenodigdheden Hoogeveen BV (BHB) has a European Union trade mark (EUTM) registration for BIENENBEISSER covering metal building materials including “air vents” in class 6 and “building materials (non-metallic), including air vents” in class 19. In 2021, a third party filed an application for revocation of the EUTM arguing… -
IP Cases & Articles
Bad faith: UKIPO applies SkyKick in Grayn case
In this case, the length and breadth of the applied for specification gave rise to a successful bad faith claim against the majority of goods/services. -
IP Cases & Articles
Lessons in clarity and precision from Thom Browne and Babek: what qualifies as a registrable trade mark?
In two judgments, issued on the same day, the UK Court of Appeal set out the lay of the land for the registrability of trade marks and the requirements for clarity and precision when drafting trade mark descriptions. -
IP Cases & Articles
From space-grade plastics to foaming polymers: the next generation of 3D printing materials
In recent years, the popularity of fused deposition modelling (FDM, also known as fused filament fabrication, FFF) 3D printing has boomed. Much focus has been placed on the rapid pace of development of FDM machines themselves, with features such as automatic bed levelling, CoreXY kinematics, multi-material systems, and more recently…
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