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IP Cases & Articles
Global patenting pitfalls: beware national restrictions concerning where to file first
In the context of obtaining patent protection for a given invention, in normal circumstances the intended owner of this patent protection has a degree of flexibility in deciding which geographical territory this protection should be first pursued in. -
IP Cases & Articles
G 1/22 & G 2/22: report of oral proceedings held 26 May 2023
Oral proceedings in cases G 1/22 and G 2/22 were held before the European Patent Office (EPO) Enlarged Board of Appeal on 26 May 2023. -
IP Cases & Articles
Unregistered rights for protecting visual aspects of a product in the UK
When it comes to protecting the visual aspects of consumer products in the UK, registered rights, such as registered designs, trade marks, and patents, can be some of the most potent tools for dealing with third parties seeking to emulate these visual aspects in their own products. -
IP Cases & Articles
Success for Glaxos 3D mark for purple asthma inhaler
On 24 May 2023, the European Union (EU) General Court annulled the decision of the Board of Appeal of EUIPO to invalidate Glaxo’s three-dimensional (3D) mark (case T-477/21). -
IP Cases & Articles
Six months to go! UK address for service required from 01 January 2024
From 01 January 2024, the United Kingdom Intellectual Property Office (UKIPO) will require a UK address for service where new contentious proceedings are launched against a UK comparable trade mark or re-registered design. Failure to provide a UK address may result in a loss of rights. -
IP Cases & Articles
What makes good UK and/or EU design registration protection for a product?
In the context of protecting the appearance of a product with a registered design application, at least as far as the UK and the EU are concerned, the scope of any resultant protection is principally defined by the content of the drawings which are used to illustrate the product within… -
IP Cases & Articles
Battle of the budget badges: Lidl v Tesco
Lidl has succeeded in its claim to trade mark infringement, copyright infringement and passing off in its word and wordless blue and yellow logo (figure 1 below) in relation to Tesco’s use of the blue and yellow Clubcard Prices logo (figure 2 below): -
IP Cases & Articles
Jack & Victor knocks back Jack Daniel's: underdog wins whisky/whiskey dispute
The well-known whiskey company, Jack Daniel’s, has failed in its recent attempt to oppose a UK trade mark application for the mark JACK & VICTOR (the application), filed in respect of the whisky brand of the same name, which takes its name from the main characters in the popular Scottish… -
IP Cases & Articles
Google Ads and meta tags: CJEU assesses jurisdiction and consumer targeting
Under Article 125(5) of the European Union Trade Mark Regulation (EUTMR) an EU trade mark proprietor can bring an infringement action before an EU trade mark court of the member state where the act of infringement is committed or threatened. However, this can become difficult in cases of online advertisements. -
IP Cases & Articles
Trade marks for true-to-life toy cars and buildings: German Supreme Court confirms no infringement
The plaintiff, DACHSER SE, a logistics company, is proprietor of the German trade marks DASHSER and DACHSER Food Logistics, covering in particular logistic and transport services (see below):
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