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Newsletter
Trade Mark Newsletter No.140
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IP Cases & Articles
Chickens come home to roost: Morleys (Fast Foods) Ltd v Nanthakumar & Ors
A recent High Court decision concerning London chicken shops highlights the importance of robust and forward thinking settlement agreements. -
IP Cases & Articles
Pedantry on ice: High Court explores the relationship between trade marks and their descriptions
British supermarket chain Iceland applied for a summary judgment regarding a dispute over Babek International’s registered trade mark (shown below). Initially, Babek claimed the mark had been infringed by Iceland selling a product bearing the sign; as a result, Iceland counterclaimed for invalidity of the mark. -
IP Cases & Articles
Birkenstock sandals are not art: German Federal Court denies copyright protection for classic Birkenstock models
German sandals producer Birkenstock sued three entities which sold and/or produced sandals that are similar to its models Arizona, Madrid, Boston and Gizeh. It is now clear that Birkenstock cannot rely on copyright to prevent competitors from offering similar models in Germany. -
IP Cases & Articles
Oh glow up! Another TV format case fails
The BBC has succeeded in getting a seemingly spurious case against it thrown out. This case concerns an allegation by an individual that the BBC and Wall To Wall Media had infringed her rights in relation to a TV show format, resulting in the show Glow up: Britain’s Next Make-Up… -
IP Cases & Articles
UK Governments response to second consultation: trade marks & designs update
The UK Intellectual Property Office (UKIPO) launched its “One IPO Transformation” programme in 2021, with the ambition of enhancing and modernising its digital services for intellectual property rights in the UK. Between 22 August 2023 and 31 October 2023, the UK Government ran a consultation on how the trade mark,… -
IP Cases & Articles
3D mark with a technical function? High Court re-enforces difficulties in registration
In this recent High Court case, Mr Justice Smith re-enforced how difficult it can be to acquire and maintain rights in a 3D trade mark, particularly when its shape protects features with a technical function. -
IP Cases & Articles
ECOVIE and ECOVER: General Court finds likelihood of confusion
In a recent decision, the General Court overturned the EUIPO Board of Appeal’s finding in an opposition between the EU figurative mark shown below and the earlier ECOVER marks, which are known for their use on eco-friendly cleaning products. The opposition was based on a likelihood of confusion under Article… -
IP Cases & Articles
Securing the future: cryptographic resilience to quantum threats
Quantum computers have the potential to be faster and more efficient for certain applications which can effectively utilise their unique properties such as superposition and entanglement. As the tip of the iceberg, generative artificial intelligence (AI) will experience faster training and performance, improved creativity, and efficiency limits will be surpassed.… -
Team
Frankie Thomas
I joined the trade mark team at D Young & Co in October 2024 after graduating from the University of Manchester. What excites me most about this role is the diversity of work and clients I engage with, from innovative start-ups to some of the world’s leading multinational corporations. I…
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