Therapists go to court over ARCHANGEL ALCHEMY mark
We recently reported on the Litecoin case where an application to register a trade mark was found to constitute passing off (see blog...
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- Nov 5, 2021
- 1 min
The United Arab Emirates to join the Madrid System
Good news for international trade mark filing! On 28 September, 2021, the United Arab Emirates Government and WIPO announced that the UAE...
- Nov 5, 2021
- 2 min
'Green' trade marks on the rise
We’ve all become more conscious of climate change and other environmental issues over the past 25 years – and that can be seen in the...
- Oct 4, 2021
- 2 min
Unreasonable behaviour leads to IPEC costs award
In early 2021, Deputy High Court Judge David Stone (sitting in the IP Enterprise Court, IPEC) in a dispute over the use of the name...
- Jul 5, 2021
- 3 min
Check before you threaten, warns HHJ Clarke
There’s rarely been a better example of the risks of launching litigation without careful consideration than the recent IPEC decision in...
- Jul 3, 2021
- 2 min
What happened to Colin the Caterpillar & what does it mean for your brand?
We take legal research very seriously - in order to fully understand the implications of the most tasty dispute of the year, Colin vs...
- Jul 3, 2021
- 2 min
A jewel by any other name... passing off in the jewellery world
Miss Recorder Amanda Michaels, sitting as a judge in the IPEC, has upheld a claim for passing off in a dispute between two jewellery...
- May 8, 2021
- 4 min
Give this passing off case a butchers
Passing off is often added as an afterthought to a trade mark infringement action. In those circumstances, it is very often successful....
- May 8, 2021
- 2 min
MONOPOLY cannot last forever without regular use
The EU General Court has upheld the EUIPO Board of Appeal decision in the MONOPOLY trade mark case. This is a long anticipated and...
- May 1, 2021
- 2 min
Trade mark infringement claim upheld
The Court of Appeal has upheld a finding of trade mark infringement, but overturned a passing off finding, in a case concerning two UK...
- Apr 17, 2021
- 2 min
The straw that broke the camel's CRYPTOBACK? Trade mark survives validity challenge
The IP Enterprise Court (IPEC) has enabled smaller businesses to fight back against perceived intellectual property (IP) injustices. Its...
- Mar 9, 2021
- 2 min
Who owns copyright works that an employee creates at home?
One of the highlights of the pandemic has been the opportunity to catch up on a lifetime's worth of TV. Fortunately, there are some truly...
- Feb 23, 2021
- 1 min
‘Genuine use’ for EU trade marks
The Court of Justice of the European Union (CJEU) has ruled that ‘genuine use’ for EU trade marks can be established through the...
- Feb 22, 2021
- 2 min
Why contracts are in writing: lessons from an oral trade mark co-existence agreement
A recent decision by the Intellectual Property Enterprise Court reveals the problems that can arise when businesses that once shared name...
- Feb 19, 2021
- 1 min
USTR Notorious Markets List
In its annual review of markets that engage in or facilitate counterfeiting and piracy, the US Trade Representative has named 39 online...
- Feb 2, 2021
- 2 min
The benefits of IP Insurance
With IP worth 75% of a business’ value why do less than 13% of businesses have IP insurance? It’s fascinating to read the insurance...
- Jan 27, 2021
- 2 min
Domain names are personal property
Domain names have been treated as a type of intellectual property for years but their precise status has not been clear in the UK, until...
- 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...
- Jan 24, 2021
- 2 min
The limits of shape protection: The Gömböc example
It is very challenging to obtain a legal monopoly in a shape. The easiest solution is to file one or more registered designs within the...
- Jan 6, 2021
- 1 min
Arbitration (clauses) last a long time...
Are arbitration clauses a good idea? This post is not going to resolve this longstanding debate but it will highlight some of the...