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IP Cases & Articles
Boston Scientific v Edwards: Witness cross-examination
In Boston Scientific Scimed v Edwards Lifesciences, the Court of Appeal of England & Wales has offered guidance regarding the cross-examination of expert witnesses. In particular, it has said that if a party elects not to cross-examine a witness, it should raise this decision in advance with both the other… -
IP Cases & Articles
Henry Martinez t/a Prick v Prick Me Baby One More Time
In Henry Martinez t/a Prick & Another v Prick Me Baby One More Time Ltd & Another, the Intellectual Property Enterprise Court of England & Wales (IPEC) has held that that the latter did not pass itself off as the former. -
IP Cases & Articles
Additional AG opinion in Louboutin v Van Haren Schoenen
In September 2017, we reported Advocate General Szpunar’s opinion in Louboutin v Van Haren Schoenen.Following the June 2017 opinion, the case was reassigned to the Grand Chamber – composed of thirteen judges, rather than the usual three or five for CJEU chambers. A further hearing was held in November 2017… -
IP Cases & Articles
Coffee on the rocks: Starbucks v Coffee Rocks
Whilst not making new law, the decision from the General Court to overturn the rejection of Starbucks’ opposition to the COFFEE ROCKS mark raises some interesting points for discussion. -
IP Cases & Articles
La Mafia trade mark is contrary to public policy
General Court confirms EUIPO first instance decision that “La Mafia se sienta a la mesa” manifestly promoted the criminal organisation known as the Mafia, and that the full text of the word elements of the mark conveyed a message of conviviality and trivialised the word element “la mafia”, thereby distorting… -
IP Cases & Articles
Chainsaw manufacturer Stihl loses right to colour mark
A recent Board of Appeal decision confirms, despite change in ‘graphic representation’ requirements under EUTMR, Sieckmann criteria remains in play. This case concerns Andreas Stihl AG & Co. KG (Stihl), a leading German chainsaw manufacturer since as early as 1971, and Giro Travel Company (Giro), a Romanian importer of chainsaws. -
IP Cases & Articles
Anan Kasei Co v Molycorp Chemicals: Insufficiency
In Anan Kasei Co v Molycorp Chemicals, the Patents Court of England & Wales has found Anan Kasei Co’s patent entitled “Ceric Oxide and method for production thereof and catalyst for exhaust gas clarification” to be valid and infringed. -
IP Cases & Articles
Fil v Fidelis: trade mark infringement
In Fil v Fidelis, the Patents Court of England & Wales has held that Fil’s trade marks FIDELITY for ‘insurance services’, ‘financial services’ and ‘investment services’ are not infringed by the sign FIDELIS. The case demonstrates the increasing issues with enforcing trade marks where the class of goods or services… -
IP Cases & Articles
Parallel imports: what constitutes repackaging?
What constitutes repackaging for the purposes of Bristol-Myers Squibb and Boehringer Ingelheim? To what extent is the application of a label to a pack ‘repackaging’? These are issues addressed by the Court of Justice of the European Union in Junek Europ-Vertrieb v Lohmann & Rauscher International, Case C-642/16. The decision… -
IP Cases & Articles
Smart Reamer v Nov: existing patent licence disclosure
For those seeking to licence a patent, it is common practice when writing to a prospective licensee to allude to those parties already licensed but decline disclosure of those licences on the basis of confidentiality. The strategy is, broadly, to use the threat of litigation to encourage the prospective licensee…
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