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IP Cases & Articles
Acquiring earlier marks, fame negating confusion and (not) a family of marks argument: easyGroup v Premier Inn Hotels
In August 2025, easyGroup’s trade mark infringement claim against Premier Inn’s use of signs containing “REST EASY” in relation to hotel services was dismissed by the UK High Court. The claim was brought for trade mark infringement under sections 10(2) (a likelihood of confusion) and 10(3) (reputation) of the Trade… -
IP Cases & Articles
Bottle labels: copyright infringement and passing off
Protection is available to artists, where the copying is substantial, and where they have generated goodwill in relation to their art. A recent decision considers some interesting points including whether artists can generate goodwill in relation to works of art, what circumstances constitute joint tortfeasorship and what level of damages… -
IP Cases & Articles
CJEU: no room for national provisions on forfeiture of rights - EU Trademark Directive fully harmonises acquiescence
In its recent Lunapark v Hardeco judgement (C-452/24), the Court of Justice of the European Union (CJEU) has delivered a clear message: national procedural doctrines regarding forfeiture of rights have no place alongside the harmonised regime of acquiescence under the EU Trademark Directive (TMD). -
IP Cases & Articles
Lip tapes and lawyers: UKIPO considers weak distinctiveness, bad faith and the weight of evidence
Two recent UKIPO opposition decisions demonstrate the pitfalls and evidential hurdles when relying on marks with low distinctive character and the impact of correspondence between parties when pleading bad faith. The contrasting outcomes highlight the importance of preparing a clear strategy, persuasive evidence and proper pleadings. -
IP Cases & Articles
G 2/24: The ghosts I summoned, I can get rid of
This ruling confirms the previous decision in G 3/04 that an intervening third party entering proceedings only at the appeal stage cannot continue proceedings following the withdrawal of all appealing parties. -
IP Cases & Articles
UPC: fee increases effective 01 January 2026
Unified Patent Court (UPC) fee amendments will enter into force on 01 January 2026. The amendments will apply to all applications and actions from that date. -
IP Cases & Articles
UKIPO: fee increases effective 01 April 2026
This article has been updated 03 March 2026: In December 2025 the UK Intellectual Property Office (UKIPO) announced an increase in its fees for the first time since 2018 for patents, 2016 for designs, and 1998 for trade marks. These changes will come into effect from April 2026. -
IP Cases & Articles
UPC Court of Appeal reverses First Instance decision: Amgens patent ruled valid
The Unified Patent Court (UPC) Court of Appeal has overturned the order of the Munich Central Division and ruled that Amgen’s patent EP 3666797B is valid after all, aligning with the decision of the European Patent Office (EPO) Opposition Division. -
IP Cases & Articles
Inventive step at the UPC: Court of Appeal sets definitive test
The Court of Appeal has adopted a holistic assessment of inventive step and has moved away from the EPO’s problem solution approach. -
IP Cases & Articles
Protecting your after-market. Part 1: consumables
In many industries a manufacturer’s device serves to create a market for a consumable of that device, and often (for example, in the case of printers) this is the main source of profit, to the extent that the device itself may be sold as a loss-leader. Consequently it is desirable…
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