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IP Cases & Articles
Cross-border invention risk management: infringement
Since some inventions are distributed across multiple jurisdictions, an issue can arise whereby the claim for such a system is not infringed in any one jurisdiction. This can make it difficult if not impossible to pursue an alleged infringer for direct infringement. -
IP Cases & Articles
Design application filing dates must be unambiguous
With a registered Community design (RCD) application, there is always the risk (usually a small risk) that the European Union Intellectual Property Office (EUIPO) will not accord the application a filing date on the ground that the 'representations' (the views or figures depicting the design) that were filed were not… -
IP Cases & Articles
Assessing technical or non-technical inventiveness
Anyone who has experienced prosecuting inventions that include a combination of technical and non-technical subject matter at the European Patent Office (EPO) will likely agree that the entire process can be challenging and somewhat confused. -
IP Cases & Articles
Unwired Planet v Huawei: FRAND terms and rate
In Unwired Planet v Huawei, Mr Justice Birss, sitting in the Patents Court, has offered standard essential patent (SEP) owners valuable guidance on the determination of 'fair reasonable and non-discriminatory' (FRAND) terms. -
IP Cases & Articles
How specific must you be for an SPC?
In a recent judgment (Sandoz v Searle), the UK High Court has upheld a supplementary protection certificate (SPC) for the anti-HIV drug darunavir (Prezista®) based on a European patent whose claims covered the drug within a general formula, but which did not specifically disclose or claim the compound. This is… -
IP Cases & Articles
The Dark Side: ABT Merchandising v Brand Protection
Not too long ago in October 2015, in a galaxy not very far away, Brand Protection Limited (the applicant) applied for the UK trade mark "Come To The Dark Side" in classes 14, 21 and class 25. -
IP Cases & Articles
slogan mark" > GC objects to Puma's "Forever Faster" slogan mark
The well-known sportswear company, Puma, has failed in an attempt to register its tagline FOREVER FASTER as a trade mark before the European Union Intellectual Property Office (EUIPO). This article looks at whether this decision from the General Court in Europe is fair and well-reasoned in light of the EUIPO's… -
IP Cases & Articles
Argos v Argos Systems: consent and targeting
A cautionary tale of consent and targeting: Argos v Argos Systems: The UK retailer Argos Ltd (Argos) has failed in an action for trade mark infringement and passing off against Argos Systems Inc (Argos Systems), a US company which owned the domain name argos.com and displayed Google AdSense advertisements on… -
IP Cases & Articles
A very British affair: The Willow Tea Rooms
A recent United Kingdom Intellectual Property Office (UKIPO) opposition decision has underlined the distinction between goodwill and reputation, and examined genuine use of a series mark. -
IP Cases & Articles
Azumi v Zuma's Choice Pet Products
In Azumi Ltd v Zuma's Choice Pet Products & Others, the UK Intellectual Property Enterprise Court (IPEC) has addressed allegations of trade mark infringement based on the tarnishing and dilution of trade marks. For those brand owners with prestige marks the judgment provides a useful guide to enforcing their rights.
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