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IP Cases & Articles
EU Board of Appeal overturns refusal: distinctiveness of a position mark
The application (EU designation of IR No. 1729330) was a position mark filed by SRAM LLC seeking protection in respect of the following class 12 goods: “bicycles parts, namely cassettes, sprockets and sprocket wheels”. SRAM described the position mark as follows: “the trade mark claims protection for a ring like… -
IP Cases & Articles
EasyGroup v Beauty Perfectionists: the troubles of enforcing a not so-distinctive trade mark
EasyGroup Limited’s infringement claim against Beauty Perfectionists Limited's use of signs containing “easyCOSMETIC” was dismissed by the UK High Court. -
IP Cases & Articles
Tribunal Practice Notice 1/2024:UKIPO tightens the reins on trade mark limitations
In response to an increase in problematic limitation requests, the UK Intellectual Property Office (UKIPO) has issued Tribunal Practice Notice 1/2024, providing guidelines for filing such requests. -
IP Cases & Articles
CHIQUITA, tell me whats wrong: EUIPO errs in distinctiveness and similarity findings
The General Court has annulled the EU Intellectual Property Office’s (EUIPO) decisions concerning oppositions to the mark CHIQUITA QUEEN. -
IP Cases & Articles
Minuty SaS v Miura Brands: earlier mark wins the gold
A mutually shared distinctive element between two marks is enough to cause confusion. The EU Intellectual Property Office (EUIPO) found a likelihood of confusion between ROSE ET OR and OR ONLYROSE. -
IP Cases & Articles
Romania becomes 18th member state of UPC
Any unitary patent (UP) registered from 01 September 2024 will now designate Romania. -
IP Cases & Articles
The DF21 design searching service provided by the UK design registry: an underused, and overlooked, resource?
When it comes to commercialising a product in the UK, failure to perform any due diligence on whether its underlying design infringes an existing design registration covering the UK can be costly. -
News
Whos Who Legal IP 2024
Congratulations to D Young & Co partners Jana Bogatz, Zöe Clyde-Watson, Charles Harding, Tamsin Holman, Jackie Johnson, Lawrence King, Tamara Milton and Kit Wong who have been highlighted as “recommended”, and Connor McConchie and Simon O’Brien who have been recognised as “Thought Leaders” in Who's Who Legal (WWL) IP 2024. -
IP Cases & Articles
UPC Court of Appeal corrects course for provisional measures in Abbott v SiBio
A recent wave of lawsuits relating to medtech devices has led to some interesting insights concerning the Unified Patent Court’s (UPC) approach to requests for preliminary injunctions. In this article we consider the questions of the UPC’s jurisdiction. -
IP Cases & Articles
Colour in the context of design registration protection in the UK, and when it can be worth considering
In the context of protecting the appearance of a consumer product in the UK using design registration protection, a focus on protecting the shape of the product is usually a promising starting point. Though, particularly when it comes to lookalikes, anyone seeking to mimic the appearance of a consumer product…
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