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IP Cases & Articles
Assos v Asos - Own name defence to infringement
The Court of Appeal has held that use of the mark ASOS did create a likelihood of confusion with the trade mark ASSOS; but, by a majority of 2:1, it also decided that Asos could rely on a defence to that infringement since it was using its own name. -
IP Cases & Articles
Sky rains on Skype's parade - Sky v Skype
In the latest stage of a long-running battle, the General Court (GC) has upheld broadcaster Sky's oppositions to telecommunication company Skype's Community trade marks (CTMs) for the SKYPE word and figurative marks on the basis that they are confusingly similar to SKY. -
IP Cases & Articles
Innocent smoothies The Dude logo: ownership agreements
This is a case that centres on whether a contract which included assignment of copyright provisions was executed; and whether the provisions in that agreement correctly assigned the copyright. -
IP Cases & Articles
Parallel importers of medicines can re-brand
Over the last thirty years, there has been substantial litigation throughout the European Union in relation to the parallel import of pharmaceuticals from one EU country to another. Such parallel imports are openly encouraged by the EU Commission and are seen as a way of harmonising prices in an area… -
IP Cases & Articles
VOLVO v REVOLVO fatal flaws in first assessment
A recent decision of the Appointed Person has found fatal flaws in the Hearing Officer's assessment in a case relating to the marks VOLVO/REVOLVO. The case has been returned to the UK Intellectual Property Office (UKIPO) for a fresh assessment. -
IP Cases & Articles
Scope of discretion for late trade mark evidence
Following a revision of OHIM's guidelines in June 2014, late additional evidence may be accepted in Community trade mark (CTM) opposition proceedings where it merely strengthens and clarifies relevant evidence presented before the deadline. Decisions from the General Court (T-393/12 and T-322/13 Kenzo Tsujimoto v OHIM) and Board of Appeal… -
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.
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