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IP Cases & Articles
Choice words: settlement agreement wording
A recent Intellectual Property Enterprise Court (IPEC) decision has found that vague wording used in a compromise agreement was sufficient in scope to release the defendants from liability in relation to trade mark infringement and passing off. -
IP Cases & Articles
Arrom Counseil loses appeal to the GC
In two related cases, the General Court (GC) upheld the decision of the European Union Intellectual Property Office (EUIPO) Board of Appeal, confirming the partial existence of a likelihood of confusion between the figurative sign incorporating the text "ricci" and the earlier trade mark RICCI in relation to certain goods… -
IP Cases & Articles
Toblerone's new shape raises trade mark questions
Toblerone's recent announcement of a decision to change the weight of its products in the UK, as reported in the media, introducing wider gaps between the bar's triangles, raises questions regarding trade mark protection of the bar itself. -
IP Cases & Articles
Passing off based on get-up - a cup of disappointment
This case provides a very useful overview of the tricky area of passing off based on get-up; an issue which has always sat rather uncomfortably with public perception. -
IP Cases & Articles
The importance of UK national marks
Amplified – English Court rules on jurisdiction issue in relation to infringement of EUTM -
IP Cases & Articles
IP & Brexit - UK & European trade mark and design law
In this article we address some common questions about how the UK's exit from the EU (Brexit) will impact on intellectual property rights, particularly trade mark and design rights. -
IP Cases & Articles
Genuine use: Are sales to end consumers necessary?
The General Court (GC) has confirmed that there is no 'end consumer' test for assessing genuine use, nor a need to have physically launched products in the marketplace. -
IP Cases & Articles
Borderline descriptive marks still enforceable
The EU General Court (GC) has upheld a finding of a likelihood of confusion between two figurative trade marks containing the descriptive words "EasyCredit" in relation to identical services. -
IP Cases & Articles
Fake goods online: blocking injunctions
The Court of Appeal has upheld the High Court's decision to grant orders requiring five internet service providers (ISPs) to block access to certain websites selling counterfeit goods. -
IP Cases & Articles
St. Regis v Park Regis: Sheraton v Staywell Hospitality
In this decision from the General Court, it was perhaps not surprising that the opposition by Sheraton (owner of the ST. REGIS brand) was successfully upheld by the General Court in respect of hotel services against the later filed application for PARK REGIS & Design.
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