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IP Cases & Articles
gTLDs First Batch Soon to Be Launched
Further to our previous updates on this matter, following years of preparatory work, the Internet Corporation for Assigned Names and Numbers (ICANN) announced on 23 October 2013 that the first new generic Top-Level Domains (gTLDs) from its New gTLD Program are to be introduced in the next few weeks. -
IP Cases & Articles
Fast Track Trade Mark Opposition Procedure in the UK
In an effort to make the opposition procedure in the UK more appealing to applicants and opponents representing themselves, as well as to drive efficiencies and cost savings, on 1 October 2013 the UK Intellectual Property office will launch a new fast track trade mark opposition procedure in the UK. -
IP Cases & Articles
Sky v Microsoft: Trade Mark Infringement; Passing Off
In British Sky Broadcasting Group Plc v Microsoft Corporation ([2013] EWHC 1826 (Ch), June 28 2013), British Sky Broadcasting Group Plc succeeded in its claims of trade mark infringement and passing off against Microsoft Corporation. Sky also avoided counterclaims of invalidity of its trade marks and allegations of bad faith… -
IP Cases & Articles
Refocus on Revocation in Specsavers v Asda
The Court of Justice of the European Union (CJEU) has given its ruling in a reference from the English Court of Appeal on two points of interest to brand owners involving the non-use of trade marks and how use of a mark in colour may be relevant to assessing infringement. -
IP Cases & Articles
Magmatic v PMS - Trunkis Success Rolls On
The ‘Trunki’ ride-on suitcase is well known as ’the one that got away‘ from the UK reality television programme ‘Dragons’ Den’, which features entrepreneurs pitching their ideas to secure investment finance from a panel of venture capitalists. -
IP Cases & Articles
Cadbury v Nstle: Recognition and Distinctive Character
In 2010, Néstle filed a 3D UK application for the shape of its KIT-KAT chocolate bar. Cadbury opposed, claiming that a) the mark was devoid of distinctive character and had not acquired a distinctive character through the use that Néstle had made of it and b) the shape of the… -
IP Cases & Articles
Rihanna wins passing off case v Topshop's use of image
Robyn Rihanna Fenty and others v Arcadia Group Brands Ltd (t/a Topshop) and another [2013] EWHC 2310 (Ch), 31 July 2013 -
IP Cases & Articles
3D Printing: your strategy against unauthorised copying
From time to time, we see the emergence of completely new and un-envisaged technology being suddenly made available to consumers. Whilst, from one perspective, such blue-sky innovation is obviously to be applauded, this type of innovation is often referred to as 'disruptive technology'. This is because such innovations usually challenge… -
IP Cases & Articles
Daiichi Sankyo and DEMO - EU has last say on TRIPS
Carrie Swann, of IP Pro Life Sciences reports this decision, with commentary from D Young & Co Partner Garreth Duncan: -
IP Cases & Articles
UK Lookalikes - Present and Future
The tension between owners of branded goods and private label “lookalikes” is widely recognised; brand owners must strike a balance between protecting the goodwill of their brand and maximising sales via the retailers who are both their customers and competitors.
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