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IP Cases & Articles
Designs for spare parts - BMW v Round and Metal
When the Community Designs Regulation was being debated, one of the more contentious issues was what rights (if any) should be given to spare parts for, in particular but not exclusively, vehicles. The compromise reached was that, in a transitional period, no protection would exist for “a component part of… -
IP Cases & Articles
Data in the cloud - processing personal information
The new buzz word 'cloud' seems to have grown in significance of late and there are various advantages for businesses, not least cost savings in areas such as storage, power consumption and data retrieval. -
IP Cases & Articles
Assignments overview and pitfalls to beware!
Many patents will see a change in ownership at some stage in their lives. Assignments are commonplace and occur for a variety of reasons; for example, in the context of a business sale where a buyer purchases all of the assets (including intellectual property assets) of a business from the… -
IP Cases & Articles
UK Quick Grant: 5 Ways to Accelerated Prosecution
The UK Intellectual Property Office (UK IPO) provides patent applicants with plenty of options for accelerating prosecution of their UK applications with a view to achieving grant more quickly. While in some circumstances applicants may find an accelerated prosecution undesirable, achieving grant quickly has its benefits. Grant is required for… -
IP Cases & Articles
Scrabble 3D Tile Invalid: JW Spear and Mattel v Zynga
The High Court of England and Wales has found the Scrabble 3D trade mark to be invalid in a trade mark invalidation action. In JW Spear & Sons Ltd and Mattel Inc v Zynga, Mr Justice Arnold in the Chancery Division of the Court found that Mattel’s Scrabble ‘tile’ did… -
IP Cases & Articles
The Need to Protect IP in the Cloud
With the Unitary Patent looking increasingly likely, the Patents Court has stolen a march by allowing a declaration of non-infringement of a European Patent to proceed in respect not just of the UK designation but also designations in France, Germany, Italy and Spain. -
IP Cases & Articles
USPTO Takes a Tougher Stance on Evidence of Use
New rules have been introduced that allow the US PTO to request additional specimens, information and exhibits to ensure trade mark registrations can be maintained. -
IP Cases & Articles
Complementarity - what is it?
For many years now, the Office of Harmonization for the Internal Market (OHIM) has taken different factors into account when considering the similarity between two sets of goods/services. -
IP Cases & Articles
HANNAH MONTANA Disney Enterprises v Montana Alimentari
Finding in favour of Disney, the Office of Harmonization for the Internal Market (OHIM) has held that the famous family entertainment company may register the sign HANNAH MONTANA as a Community Trade Mark. -
IP Cases & Articles
NOW is the Winter of (Starbucks HKs) Discontent
These opening lines from William Shakespeare’s Richard III may be felt appropriate by Starbucks (HK) Ltd and PCCW in their trade mark infringement battle with BSkyB (“SkyTV”) - and not just because of the time of year.
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