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  • Newsletter

    Trade Mark Newsletter No.69

    Posted on 01 July 2013
  • IP Cases & Articles

    Malaysia Dairy v Yakult - Interpreting Bad Faith

    Posted on 01 July 2013
    This was a reference for a preliminary ruling concerning the interpretation of the concept of bad faith; within the meaning of Article 4(4) of Directive 2008/95/EC
  • IP Cases & Articles

    With or Without Due Cause? THE BULLDOG v RED BULL

    Posted on 01 July 2013
    The principle of due cause is currently being considered by the Court of Justice of the European Union (CJ) in the case of Leidseplein Beheer BV and Hendrikus Jacobus Marinus De Vries v Red Bull GmbH and Red Bull Nederland BV (C-65/12).
    Gemma Kirkland
    Gemma Kirkland
    Partner, Trade Mark Attorney
  • IP Cases & Articles

    Interflora v Marks & Spencer - Google Adwords

    Posted on 01 July 2013
    Returning to a case which we first reported back in March of 2011 (concerning an Advocate General's opinion) and again in September of the same year (that time relating to a preliminary ruling of the Court of Justice of the European Union), we provide our readers with a further update,…
  • IP Cases & Articles

    Extended Passing Off - FAGE UK v Chobani

    Posted on 01 July 2013
    The High Court has allowed a claim for extended passing off brought by FAGE UK Limited and another (FAGE), the makers of "Total Greek Yoghurt", against Chobani UK Ltd and another (Chobani), the manufactures of yoghurt which is produced in the US, but sold in the UK as Greek yoghurt.
  • IP Cases & Articles

    Composite Marks - Colloseum v Levi Strauss

    Posted on 01 July 2013
    This case concerns the question as to whether use of a trade mark would be considered genuine and sufficient to maintain a registration of that mark if the mark was only used with another mark, where the first mark is registered alone and separately, in combination with the second mark.
    Jackie Johnson
    Jackie Johnson
    Partner, Trade Mark Attorney
  • IP Cases & Articles

    USPTO Patents for Humanity Winners Announced

    Posted on 24 June 2013
    In April 2012 we reported on the US Patent and Trademark Office’s (USPTO’s) competition ‘Patents for Humanity’.
    Cathrine McGowan
    Cathrine McGowan
    Partner, Patent Attorney
  • IP Cases & Articles

    The Patentability of Gene Sequences in the USA

    Posted on 21 June 2013
    In the much awaited Myriad decision (Association for Molecular Pathology v Myriad Genetics Inc 12-398) on the patentability of gene sequences, the US Supreme Court unanimously held that a naturally occurring DNA segment is a 'product of nature' and is not patentable subject matter merely because it has been isolated.…
    Stephanie Wroe
    Stephanie Wroe
    Associate, Patent Attorney
  • IP Cases & Articles

    Proposed Modernisation of the UK IP System

    Posted on 04 June 2013
    The UK government has announced an intellectual property Bill which aims to modernise the IP system in the UK so that it “operates more efficiently, is clearer and is more accessible”.
  • IP Cases & Articles

    Stem Cell patent news: Brstle Patent and Parthenotes

    Posted on 04 June 2013
    As previously reported in this newsletter (1), the question of the patentability of technology based on the use of human embryonic stem cells (hESC) was considered in the Court of Justice of the European Union (CJEU) referral Brüstle v Greenpeace (C-34/10) in October 2011. The CJEU referral related to a…

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