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IP Cases & Articles
Godfather beer: an opposition they couldnt refuse?
A recent UK trade mark opposition raises interesting questions about the extent to which a well-known word mark, in stylised script, can be relied upon to claim similarity (and thereby prevent registration) of a later mark. -
IP Cases & Articles
Facebook v Faceholiday: influence of social media
This recent EUIPO decision considered the manner in which social media functions today to find FACEHOLIDAY objectionable, even for unrelated services. -
IP Cases & Articles
Appeal dismissed: The London Taxi Corp v Frazer-Nash
In our March 2016 newsletter we reported on the High Court decision in the UK between The London Taxi Corporation Limited (LTC) and its claim for trade mark infringement against Frazer-Nash Research Limited (FNR) and Ecotive Limited (Ecotive). The London Taxi Corporation appealed. The Court of Appeal has now issued… -
IP Cases & Articles
Joint tortfeasor? Birlea Furniture v Platinum Enterprises
Before the English Intellectual Property Enterprise Court (IPEC), it seems to be increasingly common to allege that directors of an alleged infringer are joint tortfeasors. In Birlea Furniture v Platinum Enterprises, Her Honour Judge Clarke has revisited the jurisprudence on this. Owners of intellectual property should give careful consideration to… -
IP Cases & Articles
Supplementary Protection Certificate: Sandoz v GD Searle
In the EU, a Supplementary Protection Certificate is available if, among other things, the product in question is protected by a “basic patent in force”. In Eli Lilly v Human Genome Sciences, the Court of Justice of the European Union held that to be protected by the “basic patent”, the… -
IP Cases & Articles
European Commission counterfeit and piracy watch-list consultation
The European Commission has launched a public consultation on a “Counterfeit and Piracy Watch-List”. This will identify and describe the most problematic marketplaces outside the European Union, with a focus on online marketplaces. The aim is to encourage operators and local authorities to take the necessary actions to reduce intellectual… -
IP Cases & Articles
Easygroup v Easy Rent A Car
Navigating the Recast Brussels Regulation (which regulates the jurisdiction of European Union member state courts) can be fraught with issues. In Easygroup v Easy Rent A Car, the English High Court has offered some guidance on the application of Articles 29 and 30. -
IP Cases & Articles
Sky v Skykick: clarity and bad faith in trade marks
Is an EU or national trade mark invalid because the relevant parts of the specification lack clarity? Does a trade mark owner act in bad faith if they apply for a mark in relation to goods and services for which they had no intention to use the marks for those… -
IP Cases & Articles
LOreal v RN Ventures: Shorter Trials Scheme
In L’Oreal v RN Ventures, the England and Wales High Court (Patents Court) has found L’Oreal’s patent and one of its registered designs for an electronic skin care device, designed to remove sebum plugs from skin pores for the treatment of acne, to be valid and infringed. -
IP Cases & Articles
R 0008/16: Procedural Issues before the EPO
R 0008/16 Laying Head with a Vibration Damping Device reminds those practising before the European Patent Office that, if there is a fundamental procedural defect during opposition proceedings, a formal protest should be made which is recorded in the minutes of any hearing.
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