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IP Cases & Articles
AI and liability: The EUs framework for artificial intelligence
With the European Parliament having recently agreed on the final text of the AI Act, this article focuses on the EU’s proposed “AI strategy package” which could become the global standard by default. -
IP Cases & Articles
What makes good UK and/or EU design registration protection for a product?
In the context of protecting the appearance of a product with a registered design application, at least as far as the UK and the EU are concerned, the scope of any resultant protection is principally defined by the content of the drawings which are used to illustrate the product within… -
IP Cases & Articles
Success for Glaxos 3D mark for purple asthma inhaler
On 24 May 2023, the European Union (EU) General Court annulled the decision of the Board of Appeal of EUIPO to invalidate Glaxo’s three-dimensional (3D) mark (case T-477/21). -
IP Cases & Articles
Jack & Victor knocks back Jack Daniel's: underdog wins whisky/whiskey dispute
The well-known whiskey company, Jack Daniel’s, has failed in its recent attempt to oppose a UK trade mark application for the mark JACK & VICTOR (the application), filed in respect of the whisky brand of the same name, which takes its name from the main characters in the popular Scottish… -
IP Cases & Articles
Google Ads and meta tags: CJEU assesses jurisdiction and consumer targeting
Under Article 125(5) of the European Union Trade Mark Regulation (EUTMR) an EU trade mark proprietor can bring an infringement action before an EU trade mark court of the member state where the act of infringement is committed or threatened. However, this can become difficult in cases of online advertisements. -
IP Cases & Articles
Trade marks for true-to-life toy cars and buildings: German Supreme Court confirms no infringement
The plaintiff, DACHSER SE, a logistics company, is proprietor of the German trade marks DASHSER and DACHSER Food Logistics, covering in particular logistic and transport services (see below): -
IP Cases & Articles
Stitch incoming: TikTok loses UK High Court appeal
TikTok Information Technologies UK Ltd successfully challenged Stitch Editing’s application for the word mark STITCH in an opposition before the UK Intellectual Property Office (UKIPO). The UK High Court disagreed with the hearing officer’s assessment and allowed the appeal. -
IP Cases & Articles
Battle of the budget badges: Lidl v Tesco
Lidl has succeeded in its claim to trade mark infringement, copyright infringement and passing off in its word and wordless blue and yellow logo (figure 1 below) in relation to Tesco’s use of the blue and yellow Clubcard Prices logo (figure 2 below): -
IP Cases & Articles
Unregulated representatives: evidence of harm and a call for investigation
The Chartered Institute of Trade Mark Attorneys (CITMA) is calling for urgent action from the UK Government to tighten the rules relating to representation. CITMA has written to the UK Intellectual Property Office (UKIPO) outlining the harm that unregulated representatives are doing to UK businesses. -
IP Cases & Articles
Six months to go! UK address for service required from 01 January 2024
From 01 January 2024, the United Kingdom Intellectual Property Office (UKIPO) will require a UK address for service where new contentious proceedings are launched against a UK comparable trade mark or re-registered design. Failure to provide a UK address may result in a loss of rights.
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