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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
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
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
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
Position marks: adidas keeps its stripes
This decision from the General Court relates to protection of position marks and raises interesting points on reputation, due cause and unfair advantage. -
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…
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