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IP Cases & Articles
Innovate UK Growth Catalyst: 10 million in grant funds available for UK based entities
In what can only be seen as a welcome initiative, Innovate UK is offering small and micro businesses based in the UK a share of up to £10 million in grants, for entities having ideas relating to artificial intelligence (AI); semiconductors; advanced connectivity technologies; quantum technologies; or engineering biology. -
IP Cases & Articles
UK trade mark appeal dismissed following AI issues: UKIPO cautions litigants
In a recent UKIPO trade mark appeal, questions were raised by the appointed person in relation to the use (or rather mis-use) of artificial intelligence (AI) in preparing arguments. -
IP Cases & Articles
eVTOL systems: the future of local air travel
Electric vertical take-off and landing (eVTOL) aircraft were first postulated by NASA in a video showing a highly stylised vehicle in which a sole person could stand, prior to vertical take off. The Puffin system was constructed to one-third scale and flown. No full size prototype was ever made, however,… -
IP Cases & Articles
G 1/23 clarifies when commercially available products are to be considered prior art
The eagerly awaited European Patent Office (EPO) decision G 1/23 has issued and provides clarity concerning the extent to which products that are commercially available before a patent application is filed must be analysable and reproducible by the skilled person, in order to constitute prior art under the European Patent… -
IP Cases & Articles
Edwards v boohoo: UK unregistered designs on trial
Design rights play an important role in the fashion industry. In this case between the designer, Sonia Edwards, and the fast-fashion company, Boohoo, it was UK unregistered design rights that were in the spotlight. -
IP Cases & Articles
Small sales, (just) enough evidence: 132 perfume sales reverse non-use finding
The European Union Intellectual Property Office (EUIPO) Board of Appeal partially annulled a decision that revoked Laurice El Badry Rahme Ltd’s (Laurice) EU trade mark (EUTM) for BOND NO. 9 MANHATTAN, on the basis that sales of 132 bottles of perfume across a three-year period were sufficient to demonstrate genuine… -
IP Cases & Articles
Vape wars: interim injunctions, unjustified threats and the battle for the Crystal Bar
This recent High Court decision concerning an application for an interim injunction by the defendant to restrain the claimant from making further unjustified threats of trade mark infringement proceedings against the defendant’s distributors highlights the importance of statutory unjustified threats provisions. The defendant based its application on the provisions in… -
IP Cases & Articles
The neutralisation principle: Board of Appeal overturns EUIPO decision
CFL Australia Pty Ltd (the applicant) applied for the mark GOTCHA, covering a range of goods (tea, coffee, snacks, etc) and services (snack bars, etc). Gong Cha Global Ltd (the opponent) operates a chain of bubble tea restaurants around the world, and filed an opposition to the application on the… -
IP Cases & Articles
Inherent distinctiveness and signs depicting products: norms and customs test insufficient in itself
This ex partes decision concerns the refusal of a figurative trade mark depicting a product (the lid of a lip mask), namely (UK) international registration no.WO0000001789520 (see below) filed in relation to goods such as lip balm and cosmetics (the application). The application was refused on the basis that it… -
IP Cases & Articles
Exhaustion of IP after Brexit: clarity from UK Government in response to consultation
Following the UK’s departure from the EU, the UK ceased to be bound by the EU’s rules on intellectual property exhaustion. Instead, the UK has adopted the UK+ scheme, as follows:
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