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IP Cases & Articles
Crocs Inc v EUIPO: Lack of novelty
Crocs Inc loses its appeal before the General Court resulting in the invalidation of its EU Community design for its famous foam clogs. -
IP Cases & Articles
Holland & Barrett v General Nutrition: TM Licences
It is common for a brand owner to own a main brand and a number of sub-brands which incorporate the main brand, with corresponding trade mark registrations (sometimes referred to as ‘main’ and ‘auxiliary’ marks respectively). -
IP Cases & Articles
Junek v Lohmann & Rauscher: repackaging
Seniority is a quirk providing that the holder of a national mark registered in an EU country who files a later EU trade mark (EUTM) for the same mark may surrender the earlier mark and claim seniority from it under the EUTM – the owner then enjoys the same rights… -
IP Cases & Articles
Seniority moment: Peek & Cloppenburg
Seniority is a quirk providing that the holder of a national mark registered in an EU country who files a later EU trade mark (EUTM) for the same mark may surrender the earlier mark and claim seniority from it under the EUTM – the owner then enjoys the same rights… -
IP Cases & Articles
Admissibility of new evidence on appeals from registrar
In Consolidated Developments v Cooper, the England and Wales High Court has given guidance on when fresh evidence can be adduced on appeal from the Registrar at the UK Intellectual Property Office. -
IP Cases & Articles
Walton v Verweij Fashion: notice of discontinuance
When commencing infringement proceedings, one should always be mindful of how to extricate oneself from those proceedings, if needed. In the UK, bar settlement, the normal course is to serve a notice of discontinuance in relation to all (or part) of the claim. The consequence of this is usually that… -
IP Cases & Articles
Pfizer v Orifarm: SPCs and parallel imports
Since 2000, the European Union has expanded from 17 to 28 member states. The integration of those states has given rise to a number of issues in the field of intellectual property. With regard to supplementary protection certificates (SPCs), one issue which has arisen is whether the holder of an… -
IP Cases & Articles
Military Mutual v Police Mutual: Extended Passing Off
In the United Kingdom, the law of passing off fills the gap in intellectual property protection afforded by registered rights usually filled by unfair competition in civil law jurisdictions. While narrower than unfair competition, it has proved a flexible law, developing from ‘traditional’ passing off to include ‘extended’ passing off.… -
IP Cases & Articles
TQ Delta v Zyxel Communications: confidentiality clubs
Pre-action or specific disclosure (discovery) of earlier patent licences is, in certain types of cases, becoming increasingly common in English patent litigation. -
IP Cases & Articles
T 0384/15 Earpiece/FREEBIT: strawman oppositions
If an opponent files an opposition before the European Patent Office via a strawman can one of its group companies intervene?
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