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IP Cases & Articles
Not an invention: excluded subject matter at the UKIPO
A patent may be granted for an invention which, among other requirements, is new and which involves an inventive step over the prior art. -
IP Cases & Articles
Patents in the media: UKIPO report review
The general public tends to derive its understanding of intellectual property (IP) from reporting in the media. As part of its Futures Initiative, with an objective to assess IP as it is viewed by society, the UK Intellectual Property Office (UKIPO) commissioned a report entitled “Emerging public perceptions of intellectual… -
IP Cases & Articles
UPC favours SMEs for language change: claimants ordered to sue in the language of the granted patent
Two orders from the UPC Courts of First Instance suggest claimants will not be able to cause trouble for SMEs by suing in a language other than that in which the patent was granted. -
IP Cases & Articles
Celebrating 100 newsletters: patent decisions 2007-2024
To celebrate our 100th patent newsletter we’ve compiled a condensed overview of the eighteen years’ worth of case law and commentary since our first October 2007 publication. -
IP Cases & Articles
Irish referendum on UPC participation postponed
The referendum to vote on Ireland’s participation in the Unified Patent Court (UPC) has been delayed. -
IP Cases & Articles
Every Lidl helps? The saga continues at the Court of Appeal
Whilst succeeding in its appeal against copyright infringement, Tesco has failed to overturn first instance findings of trade mark infringement and passing off. Lidl’s appeal against the invalidity of its wordless logo marks was also dismissed. -
IP Cases & Articles
Establishing genuine use of business and retail services: Habitats class 35 services revoked on appeal
Habitat is a furniture and home furnishings company. It sells goods online and in stores across the EU. Habitat had an EU trade mark registration for a figurative mark containing “Habitat” for various goods in various classes and for services in class 35 such as retailing in shops of furniture… -
IP Cases & Articles
COMPTON straight outta where? Fashion styles and the importance of gangsta rap for hip hop culture
In 1988 the hip hop group N.W.A. released the album Straight outta Compton. In 2015 a documentary of the same name was released, propelling the album back into the charts. BIW Invest AG is owner of EU word and figurative/word marks for “COMPTON”, registered in 2015/2016 in classes 25 (and… -
IP Cases & Articles
Dry January: is the sobriety slogan too generic for trade mark protection?
In a recent decision from the UK Intellectual Property Office (UKIPO), Big Drop Brewing Company Limited opposed the trade mark application for DRY JANUARY by applicant Alcohol Research. -
IP Cases & Articles
What does the EUIPO want? Clarity and precision for colour combination marks
The recent decision of the Second Board of Appeal of the EUIPO in case R 2087/2023-2 illustrates the importance of (optional) descriptions in relation to colour combination marks.
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