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...
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- Jan 29, 2022
- 2 min
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, 2022
- 2 min
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 by...
- 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 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
- 2 min
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, 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...
- 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...
- 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 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...
- 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...
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