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IP Cases & Articles
Video conferencing for oral proceedings at the EPO
Although oral proceedings before examining divisions by video conference have been permitted by the European Patent Office (EPO) since 1998, until recently there have been very few requests from applicants to proceed in this manner. Partly as a consequence of the number of oral proceeding requests increasing and also partly… -
IP Cases & Articles
Eli Lilly and Co v Genentech Inc: issue estoppel and abuse of process in patent cases
The Patents Court of England & Wales has a number of tools available to it to prevent the re-litigation of a dispute. These include issue estoppel, cause of action estoppel and abuse of process (sometimes referred to as the Henderson v Henderson rule, after the 1843 precedent). The court has… -
IP Cases & Articles
Music piracy and registered design infringement - a cunning enforcement tool?
When it comes to music these days, whilst a good beat and lyrics is naturally of paramount importance in achieving a successful music track, also of commercial importance is the album artwork used to market, and which accompanies, the music track in question. -
IP Cases & Articles
Mexico joins Hague design registration system
Mexico has deposited its instrument of accession to the Geneva Act (1999) of the Hague Agreement, thus bringing the overall number of members to the Hague design registration system up to 74. -
IP Cases & Articles
Protected designation of origin: NOSECCO evokes PROSECCO
The UK Intellectual Property Office (UKIPO) has refused the UK designation of the international registration for the mark containing the word “NOSECCO” (as shown below) and covering “Non-alcoholic wines; non-alcoholic sparkling wines” in class 32, finding that it evokes PROSECCO, which is a protected designation of origin (PDO). -
IP Cases & Articles
Genuine use of a collective mark: Der Gruene Punkt
The Court of Justice (CJEU) recently strengthened the position of owners of collective marks in the EU, in particular by taking into account the specific consumer perception when assessing genuine use of such collective marks. -
IP Cases & Articles
Identifying hue: Fromageries Bel v J Sainsbury
In corroboration of the UKIPO’s decision, the High Court of England and Wales has upheld that the trade mark (depicted below) for the Mini Babybel product should be deemed invalid on the grounds that the mark’s description did not identify a specific hue of red and therefore was not sufficiently… -
IP Cases & Articles
Cofemel decision applied for the first time by UK court
In Response Clothing v The Edinburgh Woollen Mill the IPEC has issued its first ruling following the CJEU’s decision in Cofemel, finding that “complete conformity” with EU law would preclude any requirement of aesthetic appeal. -
IP Cases & Articles
EUIPO guidelines: more guidance now available
The new trade mark and design guidelines entered into force as of 01 February 2020. The design guidelines underwent no substantial changes and while there are no fundamental changes to the 2017 version of the trade mark guidelines, the new trade mark guidelines shed light on various aspects, which may… -
IP Cases & Articles
Bad faith: Outsource Professional Services v Flatworld Solutions
It isn’t that often cases on the question of bad faith reach the Court of Justice of the European Union (CJEU). As usual the outcome is heavily dependent out the facts specific to the case.
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