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IP Cases & Articles
Local use and invalidations: when use can defeat a registration
This Court of Appeal decision considers the question of unregistered use and when it can be used to defeat an existing registration. The Court of Appeal held that localised unregistered use may be sufficient to invalidate a registered trade mark, even if the date of first use of the registered… -
IP Cases & Articles
Burgerista Operations v Burgista Bros: invalidity and infringement
In Burgerista Operations v Burgista Bros, the Intellectual Property Enterprise Court (IPEC) has held that the EU trade mark “BURGERISTA” for restaurant, canteen and bar services is valid and infringed by the sign “BURGISTA” for the same services. -
IP Cases & Articles
GC puts fizz back into font fight: Coca-Cola v Mitico
Coca-Cola's opposition against Mitico's Master mark has shown that an opponent may be able to rely on evidence of how the applicant is using the opposed mark in practice, to support the allegation that unfair advantage is being taken. -
IP Cases & Articles
Mobile.de v EUIPO: The balance between procedure and justice
The balance to be struck between procedural efficacy and justice is fine. A party needs to present its case in an orderly manner so that the other parties and the court can address it in good time. However, a strict adherence to deadlines can mean that evidence relevant to the… -
IP Cases & Articles
UK music collecting agencies enter joint venture
The UK has had two longstanding companies for the licensing and collection of revenues for the performance of music in public: PPL (for performers and record companies) and PRS (for songwriters, composers and publishers). As of the beginning of March 2018, they have created one single company for the licensing… -
IP Cases & Articles
Lilly v Genentech: European patent foreign designations
There is an evolving practice before the English Patents Court for parties to seek declarations of non-infringement in relation to both UK and non-UK designations of European patents. It is broadly accepted that the English Patents Court will accept jurisdiction of such claims and, in the right circumstances, this can… -
IP Cases & Articles
Cantel v Arc Medical: Secondary Evidence for Obviousness
In Cantel v Arc Medical Design, anticipating the end of its distribution agreement, Cantel sought a declaration of non-infringement and/or revocation of certain of Arc Medical Design’s patents and design. The patents and designs related to a device used with a colonoscope to improve visibility of the wall of the… -
IP Cases & Articles
Student Union Lettings v Essex Student Lets
In Student Union Lettings Limited v Essex Student Lets Limited, the Intellectual Property Enterprise Court (IPEC) has held that a UK trade mark for SULETS was infringed by the sign SU LETS for identical services. The defendant was also liable for passing off. The decision by Ms Recorder Michaels includes… -
IP Cases & Articles
CROCS EU design: risks of prior disclosure worldwide
The invalidation of the EU design for CROCS shoes highlights risks of prior disclosure worldwide. On 14 March 2018, the General Court of the ECJ upheld the 2010 decision of the Board of Appeal and the CROCS RCD is now invalid, notwithstanding arguments by the rights holder which sought to… -
IP Cases & Articles
UK joins Hague system for international registered designs
The international system for applying for registered design protection is taking another step forwards in June 2018, when the United Kingdom (on a national basis) joins the Hague system.
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