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  • IP Cases & Articles

    Post Brexit: trade marks

    Posted on 25 September 2018
    To help businesses prepare for Brexit, the UK Parliament has drafted legislation that will ensure that EU trade marks will continue to be protected and to be enforceable in the UK by providing an equivalent trade mark registered in the UK. The legislation is likely to be passed and will…
  • IP Cases & Articles

    Post Brexit: patents & the UPC

    Posted on 25 September 2018
    There is no change to the way patents can be filed and prosecuted. It is business as usual. The UK will continue to be a member of the European patent system, which is governed by the EPC, a treaty between contracting states to the EPC that is, and will remain,…
  • IP Cases & Articles

    Post Brexit: exhaustion of rights

    Posted on 25 September 2018
    D Young & Co is fully prepared for Brexit and it will be very much business as usual whatever date the UK leaves the EU. We have offices in the UK and Germany and this will allow us to continue operating on your behalf on UK, German and EU intellectual…
  • IP Cases & Articles

    Post Brexit: geographical indications

    Posted on 25 September 2018
    The UK Government has confirmed that it will set up its own GI schemes which will be WTO TRIPS compliant, broadly mirror the current EU regime and be no more burdensome to producers. This will apply from exit day.
  • IP Cases & Articles

    Celebrating 100 newsletters: Trade mark decisions 2001-2018

    Posted on 25 September 2018
    To mark our 100th newsletter we’ve created a whistle-stop tour of the eighteen years of case law that we have reviewed and written about. Technologies, brands and products we could not have contemplated nearly two decades ago have challenged rights owners, academics and the courts alike, seeing case law extend…
    Jackie Johnson
    Jackie Johnson
    Partner, Trade Mark Attorney
    Gemma Kirkland
    Gemma Kirkland
    Partner, Trade Mark Attorney
  • IP Cases & Articles

    LNDR beats LDNR: injunction granted against Nike

    Posted on 25 September 2018
    In a recent David & Goliath battle between Frank Industries Pty Ltd (Frank), an Australian company with an establishment in the UK, and sportswear giant Nike Retail BV (Nike), the UK Courts have demonstrated their ability to deal with time sensitive matters with great efficiency, by granting interim injunctive relief,…
    Anna Reid
    Anna Reid
    Partner, Solicitor
  • IP Cases & Articles

    Missed an opportunity? MASTERCHEF & MISTER CHEF

    Posted on 25 September 2018
    This case highlights that, in certain circumstances, a lack of conceptual similarity between two marks can trump a high level of visual and aural similarity such that, even for identical goods, confusion is unlikely to arise.
  • IP Cases & Articles

    Client alert: unsolicited mail or invoices

    Posted on 25 September 2018
    IP applicants appear to be receiving unsolicited mail from companies requesting payment for services such as publication, registration or entry in business directories and renewal/annuity fees.
    Richard Burton
    Richard Burton
    Partner, Trade Mark Attorney
    Anthony Albutt
    Anthony Albutt
    Partner, Patent Attorney
  • IP Cases & Articles

    Massimo Osti v Global Design: IPEC or the High Court?

    Posted on 10 September 2018
    Should a claim be issued in the English Intellectual Property Enterprise Court or the High Court? The boundary between the two courts is often blurred. With there being clear strategic issues associated with the choice, this can often be an important decision for the client and a point of contention…
  • IP Cases & Articles

    Chugai v UCB Pharma: English courts construe US patent

    Posted on 30 August 2018
    Can an English court construe the scope of a licensed US patent? In Chugai Pharmaceutical v UCB Pharma & Others [2018] EWHC 2264 (Pat), the English Patents Court has held that, on the facts in issue, it could.

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