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IP Cases & Articles
Banksys Flower Bomber EUTM declared invalid on grounds of bad faith
In invalidating the EUTM for Banksy’s “Flower Bomber” street art (below), registered in respect of goods including printed matter such as stationery and posters in class 16, the EUIPO Cancellation Division applied the recent CJEU decision in Sky v Skykick (C-371/18) as to the circumstances when “bad faith” may apply,… -
IP Cases & Articles
PRIMUS: Novomatic AG and EUIPO v Brouwerij Haacht NV
Novomatic applied to register the mark PRIMUS in class 28 for goods including gaming apparatus, amusement machines and slot machines. Haacht opposed the application under Articles 8(1)(b) and 8(5) on the basis of earlier Benelux and EU registrations for PRIMUS covering non-alcoholic drinks, beers and wines. -
IP Cases & Articles
Puma v Nike Footwear brands dispute FOOTWARE
The UKIPO has dismissed Puma’s opposition to Nike’s application for FOOTWARE, finding that the mark is not descriptive or customary in relation to the goods and services applied for in classes 9, 38 and 42. -
IP Cases & Articles
UK High Court finds EAGLE RARE infringed by AMERICAN EAGLE
In Sazerac Brands LLC v Liverpool Gin Distillery Ltd and Halewood Group [2020] EWHC 2424 (Ch), the High Court found that UK and EU trade marks EAGLE RARE registered for bourbon whiskey were infringed by sales of bourbon whiskey under the brand “American Eagle”. The trade mark AMERICAN EAGLE for… -
IP Cases & Articles
From football stadiums to railway stationscovering the bigger picture with registered designs
When it comes to registered design protection, frequently seen are those design registrations relating to consumer goods, or other products of a relatively small size. That being said however, often overlooked in the context of registered design protection in many territories around the world is the possibility to protect altogether… -
IP Cases & Articles
China presses ahead with welcome changes to its design law
With effect from 01 June 2021, changes to Chinese design law will mean that Chinese design patents will last longer, and be able to protect a wider range of subject matter. -
IP Cases & Articles
Address for service for IP rights from 01 January 2021
The UKIPO recently announced that an address for service in the UK, Gibraltar or the Channel Islands will be required for any new application for a patent, a trademark or a design filed at the UKIPO from 01 January 2021. This includes EP patents validated in the UK. -
IP Cases & Articles
Unified Patent Court & unitary patents on the horizon for 2022?
The draft legislation required for Germany to ratify the UPCA and the Protocol on Provisional Application has been before the German Parliament since the beginning of June 2020. On 26 November 2020, the German Bundestag adopted with the necessary qualified majority the draft ratification bill including the consent to the… -
IP Cases & Articles
Patent Commercialisation by Research Institutions
On the 24 November 2020 the European Patent Office (EPO) published the results of a new study titled "Valorisation of scientific results - Patent commercialisation scoreboard: European universities and public research organisations”. This study explores the way in which these institutions exploit their patent rights, and the challenges to doing… -
IP Cases & Articles
Brexit and registered designs: invalidating the clones
With less than a month to go until the end of the transition period concerning the departure of the United Kingdom from the European Union, the start of 2021 will herald the arrival of a host of new UK registered designs which will originate from their respective underlying EU design…
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