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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): -
IP Cases & Articles
Stitch incoming: TikTok loses UK High Court appeal
TikTok Information Technologies UK Ltd successfully challenged Stitch Editing’s application for the word mark STITCH in an opposition before the UK Intellectual Property Office (UKIPO). The UK High Court disagreed with the hearing officer’s assessment and allowed the appeal. -
IP Cases & Articles
Unregulated representatives: evidence of harm and a call for investigation
The Chartered Institute of Trade Mark Attorneys (CITMA) is calling for urgent action from the UK Government to tighten the rules relating to representation. CITMA has written to the UK Intellectual Property Office (UKIPO) outlining the harm that unregulated representatives are doing to UK businesses. -
IP Cases & Articles
AI and liability: The EUs framework for artificial intelligence
With the European Parliament having recently agreed on the final text of the AI Act, this article focuses on the EU’s proposed “AI strategy package” which could become the global standard by default. -
IP Cases & Articles
UKIPO digs into the use of text and data mining for AI
Earlier in the year we reported on the UK Intellectual Property Office’s (UKIPO) decision to scrap the planned extension of the text and data mining exception for copyright and the sui generis database right to cover “any purpose”. This extension would have covered, most notably, commercial purposes, and would therefore… -
IP Cases & Articles
Data-driven innovation: IP protection for techbio platforms
Here we assess the forms of protection available for platform innovation within the techbio field, which may differ from the forms of protection available for innovation arising from using techbio solutions within the biotech and life sciences fields. -
IP Cases & Articles
G 1/23: assessing whether commercially available products are prior art
A referral has been made to the European Patent Office’s highest legal authority, the Enlarged Board of Appeal, to seek clarification concerning the extent to which products that are commercially available before a patent application is filed must be analysable and reproducible by the skilled person, in order to constitute…
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