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IP Cases & Articles
Austria completes ratification for the Protocol to the UPCA, enabling start of UPC provisional application period
On 18 January 2022, Austria deposited the instrument of ratification for the Protocol to the Agreement on a Unified Patent Court (UPC) on provisional application, allowing the provisional application period (PAP) to start. -
IP Cases & Articles
EUIPO appeal cases: validity of UK rights post Brexit
Following Brexit and the end of the transition period on 31 December 2020, European Union trade marks (EUTMs) can no longer be rejected, opposed or invalidated on the basis of rights which exist in the UK only. An opposition or invalidity action that was pending on 01 January 2021 in… -
IP Cases & Articles
T592/20: bad faith timing is everything
In March 2017, Univers Agro Ltd filed a European Union trade mark (EUTM) application for the word AGATE in class 12, which proceeded to registration in June 2017. In July 2017 the registration was used to bring infringement proceedings against Shandong Hengfeng Rubber & Plastic Co. Ltd, (Shandong) and its… -
IP Cases & Articles
Stealth mode: acquiring an earlier registration cannot substitute infringement with genuine use
In UK High Court proceedings concerning the use of the STEALTH and STEALTH VR trade marks in relation to video game headsets by ABP Technology Ltd and Voyetra Turtle Beach, Mr Justice Miles rejected the claimant’s summary judgment application and partially allowed the defendants’ proposed amendments to their defence and… -
IP Cases & Articles
Application starts a hare running: Little Hare Gin v Harrogate Distillery (Whittakers Gin)
This is a somewhat cautionary tale/reminder in relation to UK trade mark opposition proceedings. The case concerned an application by LITTLE HARE GIN COMPANY LIMITED for a series of the six marks shown below, LITTLE HARE GIN with an image of a hare. -
IP Cases & Articles
Government consultation on possible reform to UK design law have your say!
In what is very timely news, the UK Government has released a consultation on whether changes are required to the existing UK design law framework. The consultation is in the form of a survey, and is open for responses until 07 February 2022. -
IP Cases & Articles
Nissan v EUIPO: General Court rules that E-POWER and VDL EPOWER are not confusingly similar
In Nissan Motor Co Ltd v European Union Intellectual Property Office (EUIPO) (Case T-755/20), the General Court dismissed Nissan’s appeal and found that VDL Groep’s EU trade mark application for VDL E-POWER was not confusingly similar to Nissan’s UK and French registrations for the figurative mark E-POWER in relation to… -
IP Cases & Articles
T 1989/18: adaptation of the description of a European patent application
Prior to grant of a European patent application, examiners often request the description to be adapted for consistency with the subject matter of the allowable set of claims. This became a more onerous exercise following an update to the EPO Guidelines for Examination in March 2021, which set out a… -
IP Cases & Articles
Brand enforcement in the metaverse: time for a re-think?
The growth of the metaverse (simulation environments pertaining to aspects of real life) has provided a fantastic opportunity for many companies seeking to develop their brand image. Frequently these days, it is common to see companies advertising their brand and products in these virtual environments, such as FORTNITE or ROBLOX,… -
IP Cases & Articles
Lennox Estates v S&W Ventures Lennox Estates wins rare IP summary judgment
The UK’s Intellectual Property Enterprise Court (IPEC) has held in favour of the claimant in a relatively rare example of the court granting summary judgment in respect of intellectual property.
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