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IP Cases & Articles
UKIPO Halts Proposals for 90 Day Patent
The UK Intellectual Property Office (UKIPO) has decided not to implement the proposed ‘superfast’ patenting service following a consultation process. We reported the proposal for what became known as a ‘90-day patent’ in our August 2013 patent newsletter (article 04, edition no. 36). -
IP Cases & Articles
Fast Track Trade Mark Opposition Procedure in the UK
In an effort to make the opposition procedure in the UK more appealing to applicants and opponents representing themselves, as well as to drive efficiencies and cost savings, on 1 October 2013 the UK Intellectual Property office will launch a new fast track trade mark opposition procedure in the UK. -
IP Cases & Articles
Sky v Microsoft: Trade Mark Infringement; Passing Off
In British Sky Broadcasting Group Plc v Microsoft Corporation ([2013] EWHC 1826 (Ch), June 28 2013), British Sky Broadcasting Group Plc succeeded in its claims of trade mark infringement and passing off against Microsoft Corporation. Sky also avoided counterclaims of invalidity of its trade marks and allegations of bad faith… -
IP Cases & Articles
Refocus on Revocation in Specsavers v Asda
The Court of Justice of the European Union (CJEU) has given its ruling in a reference from the English Court of Appeal on two points of interest to brand owners involving the non-use of trade marks and how use of a mark in colour may be relevant to assessing infringement. -
IP Cases & Articles
Magmatic v PMS - Trunkis Success Rolls On
The ‘Trunki’ ride-on suitcase is well known as ’the one that got away‘ from the UK reality television programme ‘Dragons’ Den’, which features entrepreneurs pitching their ideas to secure investment finance from a panel of venture capitalists. -
IP Cases & Articles
Cadbury v Nstle: Recognition and Distinctive Character
In 2010, Néstle filed a 3D UK application for the shape of its KIT-KAT chocolate bar. Cadbury opposed, claiming that a) the mark was devoid of distinctive character and had not acquired a distinctive character through the use that Néstle had made of it and b) the shape of the… -
Newsletter
Trade Mark Newsletter No.70
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IP Cases & Articles
Virgin Atlantic Airway v Zodiac Seats UK
The Supreme Court has handed down a long awaited decision in Virgin Atlantic Airway Ltd v Zodiac Seats UK Ltd, which overturns a controversial line of previous UK case law including Poulton v Adjustable Cover and Boiler Block Co, Coflexip SA v Stolt Offshore MS Ltd, Unilin Beheer BV v… -
IP Cases & Articles
Novartis v Hospira - Interim Injunction Granted
Interim injunctions are a discretionary remedy granted prior to full trial to restrain an alleged infringer from committing the alleged infringing act. The well known, leading case which set out three principles for the English courts to follow when granting an interim injunction is American Cyanamid [1975] AC 396. -
IP Cases & Articles
Gene Sequence Patents in the US - Actions due to Myriad
Isolated DNA: unpatentable. Synthetic cDNA: patentable.
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