When is purchasing an old trade mark a good idea?
Trade mark infringement, honest concurrent use and so-called “moribund marks” were the focus of an interim decision in a case concerning...
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- Nov 5, 2021
- 3 min
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...
- 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...
- Sep 27, 2021
- 4 min
Rare defeat for easyGroup
easyGroup, which owns the IP rights for companies such as easyJet and easyHotel, has been active, and largely successful, in bringing...
- Sep 27, 2021
- 2 min
Speedy justice in design case
In what may be a record for an IP case in the UK, the trial in Lutec (UK) Ltd & Ors v Cascade Holdings Ltd & Anor [2021] EWHC 1907 (Pat)...
- 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...
- Sep 2, 2021
- 1 min
The post-Brexit clock is ticking - don't miss out!
We first wrote about the impact of Brexit on UK trade marks over a year ago. We are now over 6 months in since the UK's departure from...
- Aug 5, 2021
- 3 min
SKY brings good news for broad trade marks
A common trade mark filing strategy in the UK and EU is to file a broad trade mark specification. A broad specification makes enforcement...
- 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...
- 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
- 2 min
What does MADE IN BRITAIN mean?
After the many logistical issues posed by both Brexit and the pandemic and with sustainability at the forefront of everyone's mind, it is...
- Jun 14, 2021
- 2 min
Resell, resell, resell! Etsy buys Depop
The retail space may still be recovering from some post Covid (& Brexit) turbulence, ecommerce continues to buck the trend. Etsy has...
- 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 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...
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