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When does an arbitration clause apply to trade mark infringement proceedings?
The Court of Appeal recently found that a company which had acquired the BEVERLY HILLS POLO CLUB trade marks was bound by an arbitration...
Feb 27, 20222 min read
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Can UK courts grant pan-EU injunctions in proceedings began pre-Brexit ?
In short, yes: the UK courts can grant a pan-EU injunction in proceedings that were pending on 31 December 2020, the day the UK left the...
Jan 29, 20222 min read
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What's the risk of filing a takedown notice?
A legal action for unjustified threats is a serious risk that trade mark owners run when making allegations of infringement, including...
Jan 29, 20222 min read
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Speedy justice in design case
The lights in question 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 ...
Sep 27, 20212 min read
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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, 20213 min read
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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, 20213 min read
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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...
Aug 5, 20213 min read
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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 29, 20212 min read
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MILEY CYRUS gets name mark through in EU
A recent decision of the EU General Court looks like good news for celebrities. The singer Miley Cyrus had applied to register her name...
Jul 22, 20212 min read
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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...
Jul 22, 20213 min read
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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 5, 20213 min read
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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, 20212 min read
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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, 20212 min read
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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, 20212 min read
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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...
Jun 14, 20212 min read
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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 8, 20212 min read
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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...
May 1, 20212 min read
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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...
May 1, 20212 min read
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Satan Shoes - Nike and the devil tussle over trade mark exhaustion
Occasionally IP disputes break into the public domain. This one has to do with Nike, a famous brand, and also to do with Satan. Rosie and...
Apr 21, 20212 min read
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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...
Apr 17, 20212 min read
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