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IP Cases & Articles
Tattoo artist can't stop identical trading name
A recent IPEC decision confirms evidence of deception and resulting damage is imperative to substantiate a passing off action. This is a passing off action brought by tattoo and visual artist Henry Martinez against a cactus shop under the identical trading name “Prick”. -
IP Cases & Articles
FIDELITY & FIDELIS: no likelihood of confusion
In Fil v Fidelis, the Patents Court of England & Wales has held that various trade marks including the word FIDELITY for “insurance services”, “financial services” and “investment services” were partially invalid and not infringed by the sign FIDELIS for similar services. -
IP Cases & Articles
Philips v ASUS & HTC: SEPs
In a series of judgments in Philips v ASUS & HTC, the English Patents Court has validated 2 out of 3 of Philips’ standard essential patents (SEPs), paving the way for a FRAND trial scheduled for 2019/2020. -
IP Cases & Articles
CJEU thickens the fog on SPC eligibility
In its latest decision on Supplementary Protection Certificates (SPCs) (C-121/17, Teva and others v Gilead), the Court of Justice of the European Union (CJEU) has issued a ruling which will likely invalidate the SPCs for Gilead’s anti-HIV combination drug Truvada®. However, yet again the CJEU’s reasoning on this matter raises… -
IP Cases & Articles
Liqwd v LOral: admissibility of evidence after trial
In Liqwd v L’Oréal, the English Patents Court has offered a salutary lesson for litigants: their arguments and evidence must be marshalled and collated in advance of trial. In particular, the ability to re-open proceedings after judgment on the basis of new evidence is limited. -
IP Cases & Articles
Mitsubishi v Duma Forklifts: Parallel imports without the trade mark?
It is established case law that a trade mark owner can prevent the import of its products into the European Economic Area (EEA) where it has not consented to such imports (often referred to as parallel or grey imports). -
IP Cases & Articles
European biotech patent case law webinar catch up
In our July 2018 patent biotech webinar, we provided an update on important recent decisions from the EPO Boards of Appeal. -
IP Cases & Articles
When written & verbal decisions at oral proceedings differ
T2374/16 concerns a situation in which the written decision of oral proceedings before the opposition division differed from the verbal decision given at the end of the oral proceedings. -
IP Cases & Articles
Renewal reminders - obligations on applicants
This European appeal concerns obligations on applicants regarding renewal reminders from an agent such as an IP firm. -
IP Cases & Articles
T 2026/15: admissibility of documentation on appeal
T2026/15 concerns the question of admissibility of a document, particularly when moving from a department of first instance to the Board of Appeal.
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