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IP Cases & Articles
Wheres the beef? Insufficient evidence to support butchers passing off claim against Lidl
The claimant (PWS), a high-end family butcher in Launceston, Cornwall had traded under the marks PHILIP WARREN and PHILIP WARREN & SON from around 1980, as well as the logo below. -
IP Cases & Articles
Trouble in paradise (island)? No double territoriality requirement for EU trade mark use
In a decision regarding the partial revocation of Kerzner International’s ATLANTIS European Union Trade Mark, the EUIPO’s First Board of Appeal found that the trade mark had been used within the EU in respect of various hotel-related services despite the fact that the proprietor’s hotels were physically located in Dubai… -
IP Cases & Articles
Machinery opposition a jump too far for Puma: Puma v Gemma Group
This General Court decision (T-510/19) concerns an opposition by Puma SE (Puma) against an application for machine related goods in class 7 by Gemma Group (Gemma) as shown below. -
IP Cases & Articles
Anonymity is not a laughing matter: Banksys trade marks declared invalid on the grounds of bad faith
In a series of recent developments at the EUIPO, Full Colour Black Limited (a graffiti card company) has been successful in five cancellation actions filed against EUTM registrations held in the name of Pest Control Office Limited (Banksy’s deemed legal representatives). -
IP Cases & Articles
Look sharp! The importance of robust and objective evidence
A recent request to invalidate a registered community design failed due to the insufficiency of the evidence provided. The decision of the Third Board of Appeal in R 2019/2020-3 Cutelaria Cristema LDA v Francisco do Carmo Silva Mota serves as a helpful reminder of the importance of submitting sound and… -
IP Cases & Articles
Happy birthday to the German Federal Patent Court!
On 01 July 1961, sixty years ago to the day, the Bundespatentgericht (also known as the BPatG or in English the German Federal Patent Court or FPC) commenced its work. The court is a supreme federal court and falls within the remit of the Bundesministerium der Justiz and für Verbraucherschutz… -
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Insufficient evidence to support butchers passing off claim against Lidl
Philip Warren & Son, a high-end family butcher in Launceston, Cornwall, had traded under the marks PHILIP WARREN AND PHILIP WARREN & SON from around 1980. Philip Warren & Son alleged passing off against Lidl based on use of the mark WARREN & SONS in relation to a range of… -
IP Cases & Articles
G4/19: double patenting
As we previously reported, the Enlarged Board of Appeal recently issued a decision on G4/19, which addresses whether the EPO is permitted to refuse a European patent application on the basis of double patenting. -
News
IPSTARS 2021: were top tier for patent and trade mark services!
We are pleased to report that D Young & Co has been ranked as a top tier UK firm for both patent and trade mark prosecution services in the IPSTARS (Managing IP) 2021 global survey. -
Newsletter
Patent Newsletter No.83
Page 92 of 230
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