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IP Cases & Articles
T1845/14 Basell Polyolefine v Univation Technologies: insufficiency and inventive concept
In T1845/14 Basell Polyolefine v Univation Technologies, the Board of Appeal has addressed the divergent approaches to sufficiency before the European Patent Office (EPO) and the English courts. This divergent approach touches on the idea of the "inventive concept", something which permeates UK patent law but which has little basis… -
IP Cases & Articles
Juul Labs v Quick Juul: contempt of court
What happens if a party does not comply with a court order? In Juul Labs v Quick Juul & Others, Juul Labs alleged trade mark infringement and passing off against Quick Juul and others in relation to, inter alia, the domain name quickjuul.com. -
IP Cases & Articles
Trump International loses High Court appeal
The High Court has upheld a UK Intellectual Property Office (UKIPO) decision in relation to a trade mark for “TRUMP TV” filed in bad faith. Operations LLC v Comptroller General of Patents, Designs and Trade Marks [2019] EWHC 769 (Ch). -
IP Cases & Articles
Repackaging and reselling luxury goods
The principal issue in this action was whether the purchaser of a product sold under a trade mark within the European Union was entitled to disassemble the product and sell component parts under the trade mark. In other words, would the trade mark proprietor’s rights have been “exhausted” pursuant to… -
IP Cases & Articles
Tapir or (Peppa) Pig?
The General Court found that the differences between the marks were not sufficient to dispel a likelihood of confusion, and as such upheld the application for a declaration of invalidity filed by Entertainment One UK Ltd, the owners of the earlier Peppa Pig figurative mark. -
IP Cases & Articles
Textilis and Ozgur Keskin v Svenskt Tenn
In a preliminary ruling of the Court of Justice of the European Union (CJEU), it has been confirmed that the amendment “or another characteristic” within Article 7(1)(e)(iii) EUTMR 2015/2424 does not have retroactive effect; and that a 2D print affixed to goods such as fabric or paper does not “consist… -
IP Cases & Articles
UK oppositions: GAME OF THRONES
Home Box Office, Inc (HBO) owns various trade marks associated with its TV show Game of Thrones. The show has been enormously successful in the UK and the USA and is famous for its unexpected plot twists. It is perhaps no surprise, then, that the trade marks have recently been… -
IP Cases & Articles
Napp Pharmaceutical v Dr Reddys Laboratories
In the UK to enforce an interim (preliminary) injunction, the patentee must give a cross-undertakings as to damages (but not post a bond). In the event that the patent is found to be invalid or not infringed, damages incurred by the injuncted party can be recovered under the cross-undertaking. This… -
IP Cases & Articles
BDI v Argent: patent entitlement
In BDI v Argent, the English Intellectual Property Enterprise Court (IPEC) has provided a useful summary of the law on entitlement. For those dealing with European patent entitlement issues, it is helpful reading and demonstrates why the IPEC is a useful forum in which to resolve these disputes. -
IP Cases & Articles
Double patenting - will prohibition end at last?
The approach of the European Patent Office (EPO) to prohibition of double patenting is well established and may, at a first glance, also seem well founded.
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