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IP Cases & Articles
Conversant Wireless v Huawei: patents valid & essential
The Patents Court of England and Wales has found two of Conversant Wireless’ patents to be valid and essential. -
IP Cases & Articles
Conversant Wireless v Huawei: patent validity issues can be raised in FRAND trial
In Unwired Planet v Huawei, the Court of Appeal affirmed that, following a determination that a standard essential patent was valid, essential and infringed, it has jurisdiction to determine the terms of a global FRAND licence. The prospective licensee then has the choice of accepting the licence or being injuncted… -
IP Cases & Articles
The correct approach to comparison of signs in EU trade mark law
The Advocate General opines on an important question of European Union Trade Mark law. Different approaches to the comparison of signs have developed through case-law. Will the European Court of Justice take this opportunity to clarify which one is correct? -
IP Cases & Articles
Nivea - recognise the blue?
After more than a decade, Beiersdorf’s abstract colour mark for NIVEA BLUE remains registered. The trade mark dispute, which has kept inter alia the German Federal Patent Court (Bundespatentgericht – BPatG) and the German Federal Supreme Court (Bundesgerichtshof – BGH) busy for over ten years has finally come to an… -
IP Cases & Articles
McDonalds sweet dreams: theyre lovin it!
After a couple of well publicised losses (see 'related articles', right) McDonald’s finally score a victory, this time before the General Court. The case highlights however some surprising comments made by the General Court in terms of the comparison of marks regarding their similarity. -
IP Cases & Articles
Shnuggle v Munchkin: Munchkin wins IPEC baby bath design dispute
In Shnuggle v Munchkin, the Intellectual Property Enterprise Court (IPEC) of England & Wales has found that Munchkin did not infringe Shnuggle’s registered Community designs and unregistered UK design rights by importing and selling its baby bath, the Sit & Soak, into the EU and UK respectively. -
IP Cases & Articles
Bent(ley) out of shape in trademark dispute
In Bentley 1962 Ltd v Bentley Motors Ltd ([2019] EWHC 2925 (Ch)), the High Court has found Bentley Motors to have infringed trade marks belonging to a small UK-based clothing company. While not a landmark case, the decision highlights the importance of trade mark registrations for even the smallest of… -
IP Cases & Articles
in relation to gaming" > The distinctiveness of "DUNGEON" in relation to gaming
Appealing before the General Court, Kalypso Media Group GmbH (KMG) recently sought to reverse a decision issued by the EUIPO (upheld by the Board of Appeal) confirming the existence of a likelihood of confusion between the word marks “DUNGEONS” and “DUNGEONS & DRAGONS” in respect of games and goods and… -
IP Cases & Articles
Shanks v Unilever - not too big to pay
UK law [see note 1 below] provides that in certain circumstances an inventor is entitled to compensation in respect of an invention which is owned by their employer and for which a patent is granted. -
IP Cases & Articles
SPCs" > SPCs update: CJEU ducks issue of "third party" SPCs
In spring 2019, we reported that the UK Patents Court had referred a question to the CJEU regarding the grant of SPCs to a party which does not have the consent of the marketing authorisation (MA) holder – so-called “third party SPCs”. Regrettably, the CJEU has ruled the referral inadmissible.
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