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IP Cases & Articles
approach to mixed-type inventions" > Navigating the post-Aerotel landscape: the UKIPOs "two-implementation" approach to mixed-type inventions
The dust is beginning to settle on the landmark 2026 Supreme Court judgment in Emotional Perception AI Ltd, and we are finally seeing how the UK Intellectual Property Office (UKIPO) intends to apply the ruling in practice. -
IP Cases & Articles
Developments in AI licensing: what the Disney-OpenAI deal would have meant
As tensions between artificial intelligence (AI) developers and IP rights holders start to shape the future of creative industries, high-profile partnerships have begun to signal how such competing interests may be reconciled. The recently-scrapped deal between Disney and OpenAI attracted significant attention as a potential template for IP licensing in… -
IP Cases & Articles
How long are the arms of the UPC? UPC Court of Appeals first referral to the CJEU
The idiom “the long arm of the law” refers to the ability of law enforcement to catch you, no matter how far you run, or where you hide. In the case of the UPC, that arm appears to be getting longer and more flexible. -
IP Cases & Articles
IPEC insights: Wang Zheng v Bing Bing Foods - unsuccessful attacks on fruit varietal trade marks
MOUNTAIN PEAR and YU LU FRAGRANT PEAR registrations survive genericism, descriptiveness and non-distinctiveness attacks. -
IP Cases & Articles
IPEC insights: Dryrobe v D-Robe - why policing your trade mark matters
The decision of the Intellectual Property Enterprise Court (IPEC) in Dryrobe v D-Robe considers issues of genericism in trade mark infringement claims and offers a reminder to brand owners about the importance of protecting the distinctiveness of their brands. -
IP Cases & Articles
Limits on using milk in product names, brand names and slogans: Supreme Court rules Oatlys trade mark invalid
In short, the use of dairy terms such as “milk” is prohibited within trade marks for plant-based food and drink goods unless the term is clearly used to describe a “characteristic quality” of the goods, such as “milk free”. The UK courts have considered whether this restriction, resulting from an… -
IP Cases & Articles
Design meets copyright: Mio & Konektra reshapes EU protection for works of applied art
On 04 December 2025, the Court of Justice of the European Union (CJEU) in the joined cases of Mio and Konektra revisited the core principles of EU copyright law in the context of furniture design. Addressing subsistence and infringement, the ruling provides timely clarity on originality and the protection of… -
IP Cases & Articles
When being the perfect secretary is not enough: no title protection for Miss Moneypenny
In a dispute over whether “Miss Moneypenny” or simply “Moneypenny” can be protected as a work title, the Bundesgerichtshof (German Federal Court of Justice, BGH) has clarified the requirements for protecting fictional characters as such. -
IP Cases & Articles
Creative origin: can use of a fashion designers own name cause deception to consumers?
A French company, named after its founder, the fashion designer Jean-Charles de Castelbajac, owned various trade marks for “JC de CASTELBAJAC” (the JC marks). The company became insolvent and its trade marks were assigned to PMJC SAS (PMJC/the company) in 2011-12. Jean-Charles agreed to work for PMJC until the end… -
IP Cases & Articles
Honey, I modified the cooker! Court of Appeal explores trade mark exhaustion and copyright in design drawings
UK Innovations Group (UKIG) sold refurbished and electrified second-hand AGA cookers that had been converted using their “eControl” technology. At first instance in the Intellectual Property Enterprise Court (IPEC), AGA Rangemaster Group (AGA) alleged trade mark and copyright infringement.
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