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IP Cases & Articles
Sound advice required: revived audio brand has trade marks revoked
In a case that presents a warning to anyone considering resurrecting a “dead” brand, the UK High Court in Aiwa Co. Ltd v Aiwa Corporation [2019] EWHC 3468 (Ch), on appeal from the UKIPO, held that the sale of second-hand goods was not sufficient to fulfil criteria of “genuine use… -
IP Cases & Articles
Its not puppy love: Match.com swipes left on Dogmatch logo
Match Group LLC, which operates the successful online dating website “Match.com”, has successfully objected to the trade mark application “Dogmatch” logo. Match Group submitted a substantial amount of evidence to prove its reputation and convinced the European Intellectual Property Office (EUIPO) to refuse an application for unrelated services. Does this… -
IP Cases & Articles
Bad faith or seizing an opportunity? Where do we draw the line?
Trade mark law allows brand owners to take action against a trade mark applied for in bad faith. But, what is meant by bad faith? The UK Intellectual Property Office (UKIPO) has rejected a trade mark opposition, deeming the trade mark application did not amount to bad faith. -
IP Cases & Articles
Cancellation actions: why not file them at the DPMA?
As of 01 May 2020 the last changes to the German Trade Mark Act, introduced by the Trade Mark Law Modernisation Act (MaMoG) 2019, came into force. From 01 May 2020 the German Trade Mark Act allows for administrative cancellation proceedings based on non-use and relative grounds of refusal. Before… -
IP Cases & Articles
On the trail of confidential information
In a recent decision HHJ Hacon has considered the interplay between the equitable duty of confidence under English law and the new EU Trade Secrets Directive (Directive (EU) 2016/943) in an intellectual property law context. Ultimately, the judge held that franchisee travel consultants who used their previous client lists in… -
IP Cases & Articles
EUIPO design focus - trends from 2010 to 2019
The EUIPO recently released its “EUIPO Design Focus – 2010 to 2019 Evolution”. The report focusses on the successful progress in relation to registered Community designs (RCDs). In the report the EUIPO identifies key figures and trends in the field of RCDs in relation to direct filings, emphasising the increasing… -
IP Cases & Articles
Unregistered design protection: protecting product parts
Does unregistered design protection extend to parts of a complex product even if only the complex product was made publicly available in its entirety, and if yes, when do such parts have individual character? -
IP Cases & Articles
Conversant v Apple: old tech, new tricks
Good user interface (UI) design for digital devices can be very valuable. This has generally been recognised by the patent system, with many major patent offices around the world allowing patents to be granted for innovative UIs. The European Patent Office (EPO), for example, even has a section of the… -
IP Cases & Articles
T 2277/19: approval of the wrong text has no cause of action
Those familiar with the European Patent Office’s approach to patent applications will be familiar with the procedure under Rule 71(3) in which the examining division sends the applicant a copy of the text proposed for grant. Only once the applicant has approved this text is the European patent then granted.… -
IP Cases & Articles
Execution of documents remotely and electronic signatures
With large numbers of IP lawyers, attorneys and clients currently working remotely, one question which arises is how documents which require signatures, such as assignments of IP rights and court documents, can be executed remotely. In this article we examine some of the legal issues around remote execution of documents.
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