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IP Cases & Articles
UK High Court finds EAGLE RARE infringed by AMERICAN EAGLE
In Sazerac Brands LLC v Liverpool Gin Distillery Ltd and Halewood Group [2020] EWHC 2424 (Ch), the High Court found that UK and EU trade marks EAGLE RARE registered for bourbon whiskey were infringed by sales of bourbon whiskey under the brand “American Eagle”. The trade mark AMERICAN EAGLE for… -
IP Cases & Articles
Puma v Nike Footwear brands dispute FOOTWARE
The UKIPO has dismissed Puma’s opposition to Nike’s application for FOOTWARE, finding that the mark is not descriptive or customary in relation to the goods and services applied for in classes 9, 38 and 42. -
IP Cases & Articles
PRIMUS: Novomatic AG and EUIPO v Brouwerij Haacht NV
Novomatic applied to register the mark PRIMUS in class 28 for goods including gaming apparatus, amusement machines and slot machines. Haacht opposed the application under Articles 8(1)(b) and 8(5) on the basis of earlier Benelux and EU registrations for PRIMUS covering non-alcoholic drinks, beers and wines. -
IP Cases & Articles
Banksys Flower Bomber EUTM declared invalid on grounds of bad faith
In invalidating the EUTM for Banksy’s “Flower Bomber” street art (below), registered in respect of goods including printed matter such as stationery and posters in class 16, the EUIPO Cancellation Division applied the recent CJEU decision in Sky v Skykick (C-371/18) as to the circumstances when “bad faith” may apply,… -
IP Cases & Articles
General Court is on the same wavelength as Off-White LLC
In October 2017, luxury fashion brand Off-White LLC filed an EUTM application for the logo below. The application covered various goods including, inter alia: soaps for personal use, perfumery and colognes (in class 3); glasses and sunglasses (in class 9); jewellery, cufflinks and watches (in class 14); and pillows and… -
IP Cases & Articles
The Lord Chamberlain v Grant Harrold- British Queen blocks Royal Butler trade mark
The Queen has won in an opposition preventing one of Prince Charles’ former butlers from registering the trade mark “The Royal Butler” for use in his etiquette training firm. -
IP Cases & Articles
Battery technology
Climate change is a critical issue which has attracted significant global attention and which poses a serious threat to society. However, with new challenges come new opportunities. In recent years, some of the world’s biggest technology companies have focused their research and development machines on the area of green technology… -
IP Cases & Articles
Brexit & EU registered designs - now is the time to apply!
There are now fewer than eight weeks to go until the end of the Brexit transition period, though there is still just enough time to squeeze through any required last minute EU registered design applications before the end of year, such to maintain free registered design protection in the UK… -
IP Cases & Articles
Novartis C-354/19: request for CJEU ruling withdrawn
The Swedish Patent and Market Court has recently withdrawn its request for a ruling by the CJEU on the issue of how Article 3(c) of the SPC Regulation (EU Regulation 469/2009/EC) is to be interpreted. The CJEU had been asked to rule on whether Article 3(c) allows a second SPC… -
IP Cases & Articles
Practical considerations for patenting AI
Artificial intelligence (AI) and machine learning have become increasingly prominent in recent years, providing innovations used across a wide range of technical sectors. AI refers to machines carrying out tasks that would normally be considered to require “human” intelligence. Machine learning refers to a technique in which, by giving a…
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