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Webinars & Videos
European biotech patent case law
European patent attorneys Jennifer O'Farrell and Simon O'Brien present our latest webinar update of new and important European Patent Office (EPO) biotechnology patent case law. -
IP Cases & Articles
Is this the end of ViCo before the EPO without consent of all parties?
In the pending referral before the Enlarged Board of Appeal, G 1/21, there is posed an important question for all parties involved in oral proceedings before the EPO. Namely: Is the conduct of oral proceedings in the form of a videoconference compatible with the right to oral proceedings as enshrined… -
IP Cases & Articles
A reminder of the ugg-ly effects of cross-border shipping under German trademark law
A lawsuit between the owners of the US Ugg brand and an Australian leather shoemaker, which apparently sold and shipped 13 pairs of handmade Australian ugg boots to the United States, has gained extensive media coverage of late. While media reporting has primarily focused on the question of whether US… -
IP Cases & Articles
General Court deserves a grilling
Grilloumi Food International AB is a subsidiary of Fontana, a Swedish food and beverage company. In 2009 the business was successful in registering the trade mark GRILLOUMI in classes 29 and 30 covering a range of goods including milk products. The application proceeded to registration unchallenged and was renewed in… -
IP Cases & Articles
T 1952/18 prior use and inventive step
T1952/18 relates to an appeal against the decision to maintain European patent EP2512840 in its granted form. The appellant (opponent) requested that the patent be revoked while the respondent (patentee) requested that the patent be allowed in an amended form. -
Newsletter
Trade Mark Newsletter No.116
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IP Cases & Articles
T-515/19: Legos brick design remains valid
The General Court recently had to consider (in case T-515/19) whether Lego could use the defence of Article 8(3) of the Community Design Regulation (CDR), which exempts modular products from the general “must fit” exclusion from design protection under Article 8(2), and the relationship between the various exceptions of Article… -
IP Cases & Articles
Non-use revocation proceedings: German Federal Supreme Court questions relevance of no-challenge agreements
In T-419/16 (Carrera Brands Ltd v the EUIPO, 16 November 2017) the General Court quashed the relevance of contractual non-challenge agreements in EU revocation proceedings on grounds of non-use. In a remarkable side blow, the general Court even stated that national courts have no authority to sentence a party under… -
IP Cases & Articles
Kerrygold v Kerrymaid - is the element kerry distinctive in the EU?
In this decision the General Court had to decide whether the potentially descriptive meaning of the element “KERRY” (referring to a geographical location in Ireland) and peaceful co-existence in part of the EU would be sufficient to exclude a likelihood of confusion. The General Court said no – at least… -
IP Cases & Articles
Happily eva after! Time to get re-aqua-ainted with global assessment
In February 2019, EvaQua s.r.o. (EvaQua) applied to register the EUTM (below left) in class 32. Envasados Eva S.A. (Eva) opposed the application under Articles 8(1)(a) and (b) based on a number of earlier rights, all covering identical goods. The opposition was assessed on the basis of the mark shown…
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