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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… -
IP Cases & Articles
Vans: court finds Vans' fashion application out of line
The General Court (GC) has dismissed an appeal against a ruling of the Board of Appeal (BoA) that a sign consisting of a single wavy line was not distinctive in relation to fashion items. -
IP Cases & Articles
Change in circumstances: Still a right to be heard?
This article discusses a recent General Court (GC) decision that set out certain conditions under which an applicant's interests in bringing proceedings will remain, despite a change in status of earlier marks relied on in the original opposition proceedings. -
IP Cases & Articles
Unwrapping the patent box: Changes are on their way
In early November, the UK and Germany released a joint statement announcing an intention to end the existing UK patent box scheme. Doug Ealey asks what might replace the scheme, what this might mean for business in the UK and what steps can still be taken to make use of… -
IP Cases & Articles
Huawei v ZTE: standards and standard essential patents
Standards play an important role in the establishment of modern electronics/computing devices, especially in fields such as telecommunications or broadcasting where interoperability is required. A 'standard essential patent' (SEP) – a patent which would necessarily be infringed by any products implementing the standard – can therefore be extremely valuable.
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