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IP Cases & Articles
No Need to Prove Detriment to Distinctive Character
On 22 May 2012, the General Court of the European Union (GC) concluded that the proprietor of an earlier trade mark was not required to produce evidence of a change in economic behaviour of the average consumer in order to show detriment to the distinctive character of such mark for… -
IP Cases & Articles
Marketing and the London 2012 Olympics
In our March 2012 newsletter, we looked at some of the principles underlying the Olympic brand and various ways in which the investment of the official partners and licensees, and thereby the Games themselves, are protected. We also gave a brief guide to some of the ‘do’s and don’ts’ of… -
IP Cases & Articles
Formula 1 Wins Appeal Against General Court in C-196/11
In April 2004, Racing-Live SAS (subsequently replaced by Global Sports Media Ltd) filed a Community trade mark application for a figurative trade mark in respect of various goods and services in classes 16, 38 and 41 including ‘magazines; books; publications; reservation of tickets for shows; arranging competitions on the Internet’. -
IP Cases & Articles
'Let it Be' - Apple Corps Ltd Contest Use of BEATLE
The General Court has recently issued its judgment in the case of the objection by Apple Corps Ltd against an application to register BEATLE for a range of goods in Class 12 limited primarily to wheelchairs and other transport to assist the disabled and those with handicaps. The question for… -
IP Cases & Articles
AdWords: Wintersteiger v Products 4U Sondermaschinenbau
This case from the Court of Justice of the European Union (CJEU) considers a jurisdictional issue in relation to the alleged infringement of a national trade mark by use of a sign identical to the mark as an AdWord. In particular, the CJEU looked at the interpretation of the phrase… -
IP Cases & Articles
ICANN Publishes New gTLD Application Details
Following our previous updates on the new gTLD program, ICANN has today published details of applications for new gTLDs. ICANN received over 1,900 applications from around the world, and says that this marks the next phase in one of the most significant developments in the history of the Internet. -
IP Cases & Articles
ONEL v OMEL Genuine Use of a CTM in the Community
The Advocate General (AG) has issued his opinion in the much anticipated ONEL case on the territorial extent of use required to constitute 'genuine use' of a Community trade mark (CTM) in the Community. -
IP Cases & Articles
Software: To Open Source, or Not to Open Source?
With at least half a million open source software (OSS) projects in the world1, OSS represents a significant aspect of contemporary software development. However, although there are advantages to be had from both using and releasing OSS, there are a number of issues to be kept in mind for the… -
IP Cases & Articles
Website and Email Prior Art: What's Publicly Available?
Under Article 54(2) EPC the state of the art comprises everything made available to the public by means of a written or oral description, by use, or in any other way, before the filing of a European patent application. -
IP Cases & Articles
Patent Box Strategies to Accelerate UK Granted Patent
The Patent Box places a potentially extremely high financial value on a granted UK patent (see notes 1 & 2 below), whereas a pending patent application has no value under the scheme. The race for getting granted UK patents is therefore now on. For UK manufacturing companies, profits arising from…
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