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IP Cases & Articles
Late-filed claims at the EPO Opposition Division - a new hope
In T0688/16, the Board of Appeal held that new claim requests can be filed during opposition proceedings if there is a change of opinion by the Opposition Division during proceedings. The Board of Appeal held that such new claim requests cannot be considered “late-filed”. -
IP Cases & Articles
EUIPO design appeals - the full facts, evidence & arguments
An invalidity action was filed at the EUIPO against a granted registered Community design (RCD) and the Invalidity Division declared the contested RCD to be invalid based on a prior art design in the form of an earlier RCD which had been published in the year preceding the filing date… -
IP Cases & Articles
G1/19 - comments by the President of the EPO
In our October 2019 newsletter, we discussed the G/19 referral on simulation inventions to the Enlarged Board of Appeal at the European Patent Office [see note 1 below]. As discussed in the article, G/19 is of potentially huge significance in the field of computer-implemented inventions due to the potential effect… -
IP Cases & Articles
SPCs" > SPCs update: CJEU ducks issue of "third party" SPCs
In spring 2019, we reported that the UK Patents Court had referred a question to the CJEU regarding the grant of SPCs to a party which does not have the consent of the marketing authorisation (MA) holder – so-called “third party SPCs”. Regrettably, the CJEU has ruled the referral inadmissible. -
IP Cases & Articles
Shanks v Unilever - not too big to pay
UK law [see note 1 below] provides that in certain circumstances an inventor is entitled to compensation in respect of an invention which is owned by their employer and for which a patent is granted. -
IP Cases & Articles
in relation to gaming" > The distinctiveness of "DUNGEON" in relation to gaming
Appealing before the General Court, Kalypso Media Group GmbH (KMG) recently sought to reverse a decision issued by the EUIPO (upheld by the Board of Appeal) confirming the existence of a likelihood of confusion between the word marks “DUNGEONS” and “DUNGEONS & DRAGONS” in respect of games and goods and… -
IP Cases & Articles
Bent(ley) out of shape in trademark dispute
In Bentley 1962 Ltd v Bentley Motors Ltd ([2019] EWHC 2925 (Ch)), the High Court has found Bentley Motors to have infringed trade marks belonging to a small UK-based clothing company. While not a landmark case, the decision highlights the importance of trade mark registrations for even the smallest of… -
IP Cases & Articles
Shnuggle v Munchkin: Munchkin wins IPEC baby bath design dispute
In Shnuggle v Munchkin, the Intellectual Property Enterprise Court (IPEC) of England & Wales has found that Munchkin did not infringe Shnuggle’s registered Community designs and unregistered UK design rights by importing and selling its baby bath, the Sit & Soak, into the EU and UK respectively. -
IP Cases & Articles
McDonalds sweet dreams: theyre lovin it!
After a couple of well publicised losses (see 'related articles', right) McDonald’s finally score a victory, this time before the General Court. The case highlights however some surprising comments made by the General Court in terms of the comparison of marks regarding their similarity. -
IP Cases & Articles
Nivea - recognise the blue?
After more than a decade, Beiersdorf’s abstract colour mark for NIVEA BLUE remains registered. The trade mark dispute, which has kept inter alia the German Federal Patent Court (Bundespatentgericht – BPatG) and the German Federal Supreme Court (Bundesgerichtshof – BGH) busy for over ten years has finally come to an…
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