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IP Cases & Articles
Trade Marks and the EU Is it Time for Change?
Since the introduction of the Community Trade Mark (CTM) nearly 2 decades ago, the law and practice governing CTMs and the harmonisation of national laws has been fairly static. Following the recent study undertaken by the Max Planck Institute, this may all be about to change. -
IP Cases & Articles
Trademark Clearinghouse Protection
On 26 March 2013, the Internet Corporation for Assigned Names and Numbers (ICANN) launched the Trademark Clearinghouse (TMCH). It is envisaged that the Trademark Clearinghouse will provide a database for individuals and businesses to register their brands, ahead of the release of around 2,000 generic top-level domains (‘gTLDs’), eg, ‘.news’,… -
IP Cases & Articles
Use of Own Name Defence - Stichting v BDO Unibank
The Claimants are part of a network of accountancy and professional services firms who trade under the name ‘BDO’. The First Claimant is the proprietor of Community Trade Mark No. 2 419 778 for the letter combination BDO, registered in respect of a variety of goods and services in classes… -
IP Cases & Articles
Interpretation of the IP Translator Judgment
OHIM and the national EU Offices have published a statement on their websites concerning the interpretation of the IP Translator case on class headings. -
IP Cases & Articles
Composite Mark: Aveda Corporation v Dabur India Ltd
The English High Court has extended the protection potentially available to brands owners to include instances where marks similar to their own are used as part of a more complex composite sign. -
IP Cases & Articles
A&E Television Networks v Discovery Communications
This case involves a trade mark and passing off dispute between rival television documentary channels and highlights the difficulty of enforcing what may potentially be viewed as descriptive words. Of particular note are the Court’s comments on the probative value of witness evidence gathered from questionnaires. -
IP Cases & Articles
Social Media Usernames and Brand Protection Strategies
More and more frequently, people are utilising social media not just as a way of connecting with others and socialising online but also to interact with brands. Many well-known brands are now found online, particularly by younger consumers, simply by searching on popular social media websites such as Facebook or… -
IP Cases & Articles
stle" case" > EPO revokes patent in the "Brstle" case
In October 2011, The Court of Justice of the European Union (CJEU) issued its decision in Brüstle v Greenpeace (C-34/10), which relates to the patentability of technology based on the use of human embryonic stem cells (hESC). -
IP Cases & Articles
Unitary Patent - First Session Held by Select Committee
The Unified Patent Court Agreement was formally signed by the 24 participating Member States on 19 February 2013. This was a formal stage in the process towards the creation and implementation of the Unified Patent system. There are still a number of important details that need to be finalised (such… -
IP Cases & Articles
SHIELD Act - Protecting Against Patent Trolls in the US
The term ‘patent troll’ is widely used to refer to a commercial entity that collects patents mainly for the purpose of aggressively pursuing alleged infringers. Alleged infringers are encouraged to settle with the patent troll, rather than entering expensive litigation proceedings.
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