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IP Cases & Articles
Battle of the bottles: packaging dispute shows importance of early protection
On 16 September 2022, in a rare passing off claim based only on rights in the get-up and appearance of a bottle, as opposed to in any word or figurative marks, Mr Justice Mellor refused to grant Au Vodka an interim injunction against NE10 Vodka and Leon Hogan, NE10’s founding… -
IP Cases & Articles
UKIPO suspends actions involving international registrations: Do you have a UK address for service?
The UKIPO has suspended actions involving international registrations whilst it considers a recent appeal. The decision examines UKIPO current practice in relation to serving notifications relating to international registrations designating the UK. -
IP Cases & Articles
Location, vacation, revocation? General Court sides with US hotel on targeted advertising for genuine use
In a win for businesses targeting consumers in the EU, but providing services elsewhere, the General Court has annulled a Board of Appeal non-use revocation which “wrongly confused the place of provision of the service with the place of use of the mark”. -
IP Cases & Articles
Monster Dawg crushed by Red Bull: High Court appeal for RED DAWG fails
Monster Energy Company (Monster), listed as the number 1 “All Time Biggest Bully” on the trademarkia.com website, is a manufacturer of energy drinks. It applied to register RED DAWG as a trade mark in the UK. Red Bull, another energy drinks manufacturer, successfully opposed the registration of Monster’s proposed mark,… -
IP Cases & Articles
All EPO examination and opposition oral proceedings to be held by videoconference
On the 22 November 2022, the EPO published a decision of the President of the EPO that all oral proceedings held before examining and opposition divisions, the Legal Division and the Receiving Section are to be held by videoconference (ViCo) by default. -
IP Cases & Articles
EPO and UPC sign data exchange agreement
The Presidents of the European Patent Office (EPO) and the Unified Patent Court’s (UPC’s) Court of Appeal have signed an important agreement providing the legal foundations for the exchange of data between their institutions. -
IP Cases & Articles
R&D tax relief changesout comes the spirit level!
Following the recent budget from the UK Government, levelling changes are set to occur which will affect the R&D tax credit landscape, making it less generous for SMEs, but more beneficial for larger entities. -
IP Cases & Articles
Pros and cons of the unitary patent and Unified Patent Court
This article was last updated 18 June 2023. -
IP Cases & Articles
Court of Appeal allows bad faith claim to proceed
The Court of Appeal has granted Tesco’s appeal against an order of the High Court striking out allegations in its defence and counterclaim that Lidl had applied for registration of certain trade marks in bad faith. -
IP Cases & Articles
Design registration protectionwhen 25 years is not enough
When it comes to design registration protection relating to the UK, and also other parts of Europe (such as the EU), the maximum term of design registration protection is 25 years from the date when the design registration is first applied for. Under most circumstances, this maximum term of protection…
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