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IP Cases & Articles
Importance of TM clearance searches at brand launch
A recent High Court case has underlined the importance of conducting full clearance searches prior to launching or registering a brand, and the difficulties when two businesses trade under similar names in different locations. -
IP Cases & Articles
Honest concurrent use in keyword advertising
A number of UK cases over the years have considered the scope of the 'honest concurrent user' defence to trade mark infringement. However, this is the first reported case to do so in the context of keyword advertising. -
IP Cases & Articles
Ready to...GC dismisses PRET A DINER appeal
The General Court has provided guidance on the assessment of 'foreign' language marks from the English speaking public's perspective. -
IP Cases & Articles
Rubik's Cube - twists & turns
The Court of Justice of the European Union (CJEU) has confirmed that when considering Article 7(1)(e)(ii) (that a mark consists exclusively of the shape of goods necessary to achieve a technical result) extrinsic evidence may be relevant, such as descriptions filed at the time of the application. -
News
D Young & Co retains IP Stars top tier patent ranking
Managing Intellectual Property (MIP) has published its 2017 IP Stars patent rankings (01 March 2017). -
Newsletter
Trade Mark Newsletter No.91
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IP Cases & Articles
G 1/15 resolves question of poisonous priorities
The Board of Appeal have now released their written decision in respect of case G1/15 (appeal number T0557/13). -
IP Cases & Articles
Samsung v Apple - US design patents
The US Supreme Court rarely considers the law relating to US registered designs (or 'design patents' in US terminology), but it has recently done so, and on 06 December 2016 it issued a decision which restores an element of common sense to how to decide the quantum of damages to… -
IP Cases & Articles
Declarations to address divisional applications
Divisional applications can pose a significant problem to a party that wishes to clear its path to market. This article looks at the case of Arrow Generic Limited V Merck & Co Inc as an example. -
IP Cases & Articles
SPC combination products - Teva v Gilead Sciences
To be eligible for a Supplementary Protection Certificate (SPC) a product must be protected by a basic patent in force (Article 3(a) of the SPC Regulation). Despite numerous previous referrals to the Court of Justice of the European Union (CJEU), national courts continue to face difficulties in determining when this…
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