What's a website blocking order and why is it useful?
Nintendo was granted an early Christmas present by the Honourable Mrs Justice Joanna Smith DBE - a website blocking order (Nintendo Co...
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- Sep 27, 2021
- 2 min
Court of Appeal divided over disclosure
Can confidential discussions between parties in the UK be disclosed in parallel litigation in the US? The Court of Appeal was divided on...
- Sep 2, 2021
- 3 min
Descriptive marks beware: Judge rejects Oatly trade mark case
Oatly has hit a brick wall in its attempt to stop third parties from selling oat milk using the word "OAT" plus the letter "Y". A...
- Sep 2, 2021
- 3 min
Cheers to a rare EAGLE trade mark decision
This Court of Appeal decision is a helpful reminder that a lack of evidence of actual confusion is not necessarily fatal to a finding of...
- Jul 29, 2021
- 2 min
Mwah! Lipstick shape registered as EU trade mark
In a decision likely to be welcomed by owners of 3D trade marks, the EU General Court has ruled that the shape of Guerlain’s Rouge G...
- Jul 22, 2021
- 3 min
Wonder Woman comes down to earth
The UK IPO, at least, seems resistant to Wonder Woman’s superpowers, after it rejected DC Comics’ opposition to a trade mark application...
- Jun 24, 2021
- 3 min
CJEU takes pressure off Pirelli in shape TM case
Trade marks come in all shapes and sizes – words, slogans, colours, shapes, animations and more. One of the more unusual is a figurative...
- Jun 23, 2021
- 2 min
Is Cybersquatting a big problem?
In short, "yes". Cybersquatters are a growing threat to brands. This trend has accelerated as e-commerce grows and consumers spend more...
- Jun 14, 2021
- 2 min
FOOTWARE trade mark not descriptive
As brands expand into new areas, particularly those driven by emerging technologies, they are often looking for innovative and memorable...
- Jun 14, 2021
- 1 min
Have your say about the exhaustion of IP rights in the UK
An integral part of the UK intellectual property system has been a focus on balancing creator protection with fair competition and...
- Jun 14, 2021
- 2 min
What will Department Stores Look Like Post Pandemic?
The pandemic has had a deadly toll on bricks and mortar retail. This has particularly affected some department stores, including the...
- May 28, 2021
- 3 min
Court of Appeal rules on liability and account of profits in trade mark case
The Court of Appeal has reviewed the law on liability and account of profits in a judgment concerning the BEVERLY HILLS POLO CLUB trade...
- May 1, 2021
- 2 min
Chanel and Huawei logos are dissimilar
The EU General Court has upheld a Board of Appeal ruling in a dispute between Chanel and Huawei, finding that Huawei’s EUTM application...
- Mar 9, 2021
- 1 min
EUIPO sees rise in trade mark filings in 2020 despite pandemic
We are all aware that the pandemic hasn't necessarily led to a decrease of work across the board. One group of people who have been...
- Feb 22, 2021
- 1 min
Are you Notorious? The USTR updates its list of Notorious Markets
In its annual review of markets that engage in or facilitate counterfeiting and piracy, the US Trade Representative has named 39 online...
- Feb 22, 2021
- 3 min
Targeting and trade marks - Beverly Hills Polo Club takes on the Amazon
When is an online marketplace “targeting” consumers in a particular jurisdiction? This was the question that Mr Justice Michael Green...
- Jan 29, 2021
- 2 min
Brands prosper despite business difficulties
It’s a sad consequence of the COVID-19 pandemic and the lockdowns in many countries that retailers have lost business, and regrettably...
- Jan 27, 2021
- 2 min
A recent development for Position marks
The Court of Justice for the European Union (CJEU) clarified the assessment of a position mark's distinctiveness in Aktiebolaget...
- Oct 13, 2020
- 2 min
Search Orders - an important tool to stop counterfeits & more
There are many reasons why someone might want to get a search order. It is a very draconian remedy that gives a successful applicant the...
- Oct 4, 2020
- 3 min
Don't lose your rights after Brexit
We first wrote about the impact of Brexit over a year ago back in a pre pandemic era. Although we still don't have a deal. The outcomes...