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IP Cases & Articles
Nissan: renewal requests to be full and timely filed
The General Court (GC) ruling in Nissan v OHIM highlights the need to ensure that renewal requests are made in full before the renewal date expires - otherwise rights may not be recoverable. -
IP Cases & Articles
Whitby v Yorkshire ice cream van IP infringement
The High Court of England and Wales has found there to be infringement of certain ice cream van designs and a related trade mark in an interesting case which serves to illustrate the High Court's approach in assessing individual character, particularly with regard to the validity of registered designs of… -
IP Cases & Articles
Enterprise and Europcar fight over use of 'e'
A recent decision from the High Court has provided detailed insight to the relevant public assessment for cases where foreign consumers outside the UK should be given 'cautious' consideration. -
IP Cases & Articles
Rubik's Cube is a valid shape trade mark
The General Court (GC) has recently rejected an application for a declaration of invalidity brought by Simba Toys GmbH & Co KG (Simba) against a 3D trade mark registration for the shape of a Rubik's Cube. -
IP Cases & Articles
Coca-Cola v Mitico: top up from the General Court
This is the second Appeal to the General Court in relation to the opposition by Coca-Cola to the Master mark. The application had been filed in classes 29, 30 and 32 in 2010 and Coca-Cola had opposed on the basis of its earlier registrations featuring the well known Coca-Cola logo… -
IP Cases & Articles
Design rights in the UK
In the UK, exclusive rights to designs can be established either through unregistered design protection (consisting of both EU and national UK unregistered rights) or by filing an application. -
IP Cases & Articles
Fake goods: websites selling counterfeit goods blocked
The recent High Court decision in Cartier v B Sky B has confirmed that Internet Service Providers (ISPs) may be ordered to block or impede access to websites selling counterfeit goods. The case highlights the challenges which rightsholders face when tackling trade mark infringement online. Whilst the decision will be… -
IP Cases & Articles
Central limitation of patents on existing litigation
From 13 December 2007, it became possible for a patentee to seek a ‘central limitation’ (or even revocation) of a granted European patent. If accepted, the effect of this would have retrospective effect back to the date of initial grant and would extend to all designated patents. -
IP Cases & Articles
Initial interest confusion dead in UK trade mark law?
The Court of Appeal has denounced 'initial interest confusion' as having no place in trade mark infringement in the European Union (EU), putting the brakes on the recent trend towards embracing the US-style doctrine in the UK. -
IP Cases & Articles
Oppositions using Article 8(4): Laguiole
In addition to relying upon registered trade marks, it is possible to attack a pending or registered Community trade mark (CTM) on the basis of non-registered trade marks, as provided by Article 8(4) of the CTMR. On 01 December 2014 the CTM Office revised its guidelines on the practice regarding…
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