Nov 5, 20213 minTherapists go to court over ARCHANGEL ALCHEMY markWe recently reported on the Litecoin case where an application to register a trade mark was found to constitute passing off (see blog...
Nov 5, 20211 minThe United Arab Emirates to join the Madrid SystemGood news for international trade mark filing! On 28 September, 2021, the United Arab Emirates Government and WIPO announced that the UAE...
Nov 5, 20212 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, 20212 minUnreasonable behaviour leads to IPEC costs awardIn 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, 20213 minCheck before you threaten, warns HHJ ClarkeThere’s rarely been a better example of the risks of launching litigation without careful consideration than the recent IPEC decision in...
Jul 3, 20212 minWhat 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, 20212 minA jewel by any other name... passing off in the jewellery worldMiss 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, 20214 minGive this passing off case a butchersPassing off is often added as an afterthought to a trade mark infringement action. In those circumstances, it is very often successful....
May 8, 20212 minMONOPOLY cannot last forever without regular useThe 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, 20212 minTrade mark infringement claim upheldThe 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, 20212 minThe straw that broke the camel's CRYPTOBACK? Trade mark survives validity challengeThe IP Enterprise Court (IPEC) has enabled smaller businesses to fight back against perceived intellectual property (IP) injustices. Its...
Mar 9, 20212 minWho 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, 20211 min‘Genuine use’ for EU trade marksThe Court of Justice of the European Union (CJEU) has ruled that ‘genuine use’ for EU trade marks can be established through the...
Feb 22, 20212 minWhy contracts are in writing: lessons from an oral trade mark co-existence agreementA recent decision by the Intellectual Property Enterprise Court reveals the problems that can arise when businesses that once shared name...
Feb 19, 20211 minUSTR Notorious Markets ListIn its annual review of markets that engage in or facilitate counterfeiting and piracy, the US Trade Representative has named 39 online...
Feb 2, 20212 minThe benefits of IP InsuranceWith 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, 20212 minDomain names are personal propertyDomain 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, 20212 minA recent development for Position marksThe Court of Justice for the European Union (CJEU) clarified the assessment of a position mark's distinctiveness in Aktiebolaget...
Jan 24, 20212 minThe limits of shape protection: The Gömböc exampleIt 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, 20211 minArbitration (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...