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IP Cases & Articles
Advertising climate neutrality: German courts establish divergent requirements
July 2023 delivered multiple decisions regarding advertising in Germany using “green claims”. The three cases concerned the packaging and print advertising of various products by manufacturers which claim to be “climate-neutral”. Jurisprudence since the 1990s has established that climate protection is an increasingly important topic for consumers, which can heavily… -
IP Cases & Articles
Colour change counts: but only if the mark is distinctive enough
The European Union Intellectual Property Office’s (EUIPO) Board of Appeal has upheld a decision in favour of the footwear and sportswear brand Hummel, in a revocation action brought by the exercise brand Barry’s Bootcamp, with use of a black figurative mark on a white background being successfully proven through reliance… -
IP Cases & Articles
Bit(s) not your coin: Wright v BTC Core
There are multiple cases currently ongoing in the High Court of England and Wales that revolve around Dr Craig Wright’s claim to be Satoshi Nakamoto, the pseudonymous creator of the Bitcoin system. In this particular offshoot, Dr Wright is suing a host of defendants for infringements of copyright and database… -
IP Cases & Articles
Bulls shoot and miss: UKIPO rejects invalidity proceedings brought by the NBA
NBA Properties Inc (the National Basketball Association or NBA) has failed in its attempt to have the Pizza Texas Bulls Inc figurative bulls head mark declared invalid. -
IP Cases & Articles
UKIPO One IPO Transformation Programme second consultation: a trade mark and design update
The UK Government has launched a consultation on how the trade mark and design system can deliver better digital services. The consultation marks the next stage of the “One IPO Transformation Programme”, a five-year initiative to modernise and improve the existing services, policy and practice of the current UK intellectual… -
IP Cases & Articles
British Hairways: pun intended, but does that make it registrable?
This decision of the Bundespatentgericht (German Federal Patent Court or BPatG) focuses on parodic signs and whether these can be opposed based on well-known trade marks. -
IP Cases & Articles
Computer implemented inventions at the EPO: a guide for applicants and tips for attorneys
Whether your invention involves artificial intelligence (AI), computer programs, or other computer-related innovations, it can be easy to fall foul of the approach taken by the European Patent Office (EPO) to excluded subject matter. However, the EPO’s approach to handling these kinds of inventions can be confusing and is not… -
IP Cases & Articles
Computer implemented inventions at the EPO: patent application tips
European law is far from straightforward when it comes to assessing the patentability of computer implemented inventions (CIIs). Over the years a number of tests and terms have appeared, all of which are interlinked and are easy to misapply. In this guide, we have summarised the law and provide a… -
IP Cases & Articles
Implementation timeline for the EUs Digital Services Act
The 16 November 2022 marked the entry into force of the Digital Services Act (DSA), which hopes to bring the regulations on the liability regime of online intermediary services into the twenty-first century. Even though most of the regulation will only apply from 17 February 2024 onwards, some intermediary services… -
IP Cases & Articles
The UK Patent Box: a potentially different approach to patenting
A primary reason for obtaining patent protection for a particular innovation is to prevent and/or deter unwanted third parties from copying it. At least as far as the UK is concerned however, the obtaining of such patent protection can also serve a very different commercial application, in the form of…
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