Intellectual Property UK

  • April 02, 2024

    Marks & Clerk Hires IP Pro From Wynne-Jones In Birmingham

    Marks & Clerk LLP has recruited a partner to its Birmingham office for his second stint at the firm as it looks to cement a place among the top specialist intellectual property outfits globally.

  • March 26, 2024

    EU's New Geographical IP Rules Still Need Clarity

    European reforms for geographical indication protections could boost uptake of the niche intellectual property right, but what can be protected under the new category of manufactured products remains uncertain, lawyers say.

  • March 26, 2024

    Casino Biz Seeks To Smother Rival's 'Mini Burning Hot' TM

    A casino tech company has asked a London court to revoke a competitor's trademark and clear the path for it to extend its "Burning Hot" logo portfolio after the rival company blocked a new application using its purportedly invalid "Mini Burning Hot" sign.

  • March 25, 2024

    Eastman Group Says Ex-Employee Lifted IP To Start Rival Co.

    A specialty materials maker has told a London court that an ex-employee stole a valuable database in order to quickly set up a rival company selling paint protection film for cars.

  • March 25, 2024

    Motorbike Gear Biz Hits Back At Rival In Designs Dispute

    A motorcycle apparel company has denied infringing a competing retailer's clothing designs while hitting back at the company in a London court for damaging its business by threatening to sue its customers, documents made public Monday say.

  • March 25, 2024

    Slushie Maker Hits Back At Britvic Over Ice Blast TM

    A slushie machine business has hit back at Britvic over the soft drink giant's allegations that it has copied the "Tango Ice Blast" branding on its frozen drink dispensers.

  • March 25, 2024

    Schuh, Simmi Want To Give Naked Wolfe Designs The Boot

    Two U.K. shoe retailers have accused the owner of the Naked Wolfe brand of bringing meritless intellectual property claims against them, because its shoe designs weren't original enough to deserve protection in the first place.

  • March 25, 2024

    Virgin Seeks Full $200M In Train Brand Feud After $115M Win

    Virgin Enterprises Ltd. has sued Brightline Holdings LLC for the full $200 million exit fee for backing out of its train brand licensing deal after already winning $115 million, arguing in documents made public on Monday that it's owed a boosted exit fee because of a change in control of the U.S. rail operator.

  • March 22, 2024

    Financial Analyst Org. Prevails In Clash Over 'CEFA' TM

    The European Federation of Financial Analysts Societies won its latest bid to register a trademark for "CEFA Certified European Financial Analyst" after a European court ruled that earlier examiners didn't consider key evidence.

  • March 22, 2024

    US Manufacturer Partially Wins Appeal For 'Presto-Tap' TM

    Engineered Controls International LLC can register the trademark "Presto-Tap" over most of the services it had applied for, the U.K.'s Intellectual Property Office has concluded, ruling that a French company's "Presto" sign was stamped on very different products.

  • March 22, 2024

    Top Dutch Court Blocks Russia's Last Bid For Vodka TMs

    Former Yukos Oil Co. shareholders said Friday that the Netherlands' top court has thrown out Russia's final bid to stop their seizure of over a dozen renowned Russian vodka trademarks in an effort to enforce $50 billion in arbitral awards.

  • March 22, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen the BBC and Wall to Wall Media hit with a passing off lawsuit by musician BOSSIIE, Poundland parent company Pepco Group file a commercial fraud claim against several mobile network giants, family law specialists Alexiou Fisher Philipps LLP start proceedings against former oil trader Michael Prest, and a transgender lawyer file a libel claim against a blogger. Here, Law360 looks at these and other new claims in the U.K.

  • March 22, 2024

    Osborne Clarke's Arty Rajendra On The Future Of FRAND

    Arty Rajendra of Osborne Clarke LLP was instrumental in securing a win in one of the most influential patent cases in recent memory — the U.K. Supreme Court ruling that English courts can set global licensing rates for patents deemed essential to European telecoms standards.

  • March 22, 2024

    Nokia Unit Doubles Down On Amazon IP Infringement Claim

    A Nokia subsidiary has reaffirmed its claim that Amazon infringed its patents with a "household sharing" feature on its Prime Video service, telling a London court that the company is not entitled to a license over its patent portfolio.

  • March 21, 2024

    Plant-Based Meat Biz Cooks Rival In 'Meat Zero' EU TM Feud

    A Thai food company has fought off a rival's challenge to its "Meat Zero" trademark bid, with a European Union appeals panel saying in a newly public decision that there is not enough chance of confusion with a competitor's "ZeroMeat" sign.

  • March 21, 2024

    Banksy Co. Calls Instagram Post True In £1.3M Libel Case

    The company that manages anonymous street artist Banksy has defended a £1.35 million ($1.7 million) claim that he posted a defamatory Instagram post about a licensing company using his artwork on clothing without his permission, saying it was substantially true.

  • March 21, 2024

    Famed Retailer's 1930s TM Can't Stop Modern Registration

    A Slovak clothing brand has fended off attacks from the grandchildren of a famed Czechoslovakian retailer from the 1930s after a European court ruled that past prestige could not prevent the name Nehera from being registered seven decades later.

  • March 21, 2024

    Lenovo Can't Get Interim FRAND Rate For InterDigital SEPs

    Lenovo on Thursday failed to convince a London court to rule that an interim license for a suite of InterDigital telecommunications patents was fair, reasonable and non-discriminatory in the latest chapter in the two companies' global dispute over standard-essential patents.

  • March 21, 2024

    Skechers Loses 'Hands Free Fit' TM Due To Descriptive Nature

    American sneaker giant Skechers has lost a second bid for trademark protection over its "hands free fit" shoes, with the European patent authority ruling that the brand's logo is merely a description of, or an advertisement for, a feature of the product and therefore not distinguishable.

  • March 20, 2024

    Spanish Investment Co. Beats Slovak TM Opposition In EU

    A Spanish investment company has won an appeal to revive its trademark application, as European officials ruled that buyers of financial services paid a "high degree of attention" and wouldn't think that the sign was linked to a Slovak company.

  • March 20, 2024

    Digital Comms Filings Bolster Record EPO Applications

    Companies and inventors filed the highest number of European patent applications to date in 2023, buoyed by marked increases in filings for digital communications and energy technologies.

  • March 20, 2024

    EU Commission Builds 'Toolkit' To Fight Counterfeiting

    The European Commission has adopted new measures to crack down on counterfeiting aimed at strengthening intellectual property rights by increasing the sanctions for criminal offenses while also designating a single contact point for enforcement issues. 

  • March 20, 2024

    Boehringer Wins Diabetes Treatment Patent On Appeal In EU

    Boehringer Ingelheim saved its diabetes drug patent from the chopping block after a European appellate board ruled that the treatment for patients with moderately damaged kidneys was new and innovative despite eight oppositions.

  • March 20, 2024

    EU's AI Act Disclosure Rules Could Spark Further Litigation

    The European Union's new artificial intelligence law included some welcome guardrails to protect intellectual property rights. But lawyers say it remains to be seen whether these new rules will bridge the gap between concerned rights holders and AI pioneers.

  • March 20, 2024

    Wise Hits Back At Bad Faith TM Allegations From Tech Rival

    Payments firm Wise has hit back at a counterclaim from software company WithWise, urging the High Court to reject WithWise's claim that Wise's trademark is invalid because it is overbroad and being used as a legal weapon.

Expert Analysis

  • Why US Should Help European Efforts To Fix SEP Licensing

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    The European Commission's proposed reform of standard-essential patent licensing aims to fix a fundamental problem stemming from the asymmetry and obscurity of information about SEPs, and U.S. agencies exploring regulation of foreign regimes should support and improve these efforts, say David McAdams at Duke University and David Katz at WilmerHale.

  • Shifting From Technical To Clear Insurance Contract Wordings

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    Recent developments on insurance policies, including the Financial Conduct Authority's new consumer duty, represent a major shift for insurers and highlight the importance of drafting policies that actively improve understanding, rather than shift the onus onto the end user, say Tamsin Hyland and Jonathan Charwat at RPC.

  • What's In The Plan To Boost Germany's Commercial Litigation

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    Lawyers at Cleary discuss Germany's recent draft bill, which establishes commercial courts and introduces English as a court language in civil proceedings, and analyze whether it accomplishes the country's goal of becoming a more attractive venue for commercial litigation.

  • Bitcoin Case Highlights Advanced Age Of UK's IP Law

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    An appellate court's recent decision in a case involving the copyright of bitcoin's file format emphasizes the role of copyright protection in software, and also the challenges of applying decades-old laws to new technologies, say Marianna Foerg and Ben Bell at Potter Clarkson.

  • Future Paths For AI Inventorship After Justices' Thaler Denial

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    Anup Iyer at Moore & Van Allen examines the current and future state of AI inventorship in the wake of the U.S. Supreme Court's decision not to hear Thaler v. Vidal, including collaboration, international challenges, and the need for closer examination in research and development-intensive sectors.

  • EU Ruling Highlights Strategic Benefits Of Patent Appeals

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    The European Patent Office board of appeal recently reversed the examining board's ruling in an application by LG Electronics, highlighting how applicants struggling to escape conflicting objection traps at the examination level can improve their chances of a positive outcome with an appeal, says Andrew Rudhall at Haseltine Lake.

  • Series

    In A 'Barbie' World: Boosting IP Value With Publicity Machines

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    Mattel's history of intellectual property monitoring, including its recent challenge against Burberry over the "BRBY" trademark ahead of the "Barbie" film, shows how IP enforcement strategies can be used as publicity to increase brand value and inform potential collaborations, says Carly Duckett at Shepherd and Wedderburn.

  • UPC Revocation Actions Offer An Attractive Patent Strategy

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    As the Unified Patent Court gains momentum after an initial period of nervousness around the recently launched forum, more businesses may be starting to realize the value of running revocation actions as an alternative route to knocking out patents across Europe, say Oliver Laing and Georgia Carr at Potter Clarkson.

  • 5 Takeaways For Litigants From Early EU Patent Court Ruling

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    One of the first Unified Patent Court ex parte preliminary injunctions was recently granted in myStromer v. Revolt Zycling, demonstrating the court's ability to decide cases extremely quickly, but parties should be careful in phrasing their motions and sufficiently substantiating them to achieve the desired result, says Antje Brambrink at Finnegan.

  • Copyright Cheat Sheet: Finding Substantially Similar Songs

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    Using the recent copyright infringement case against Ed Sheeran over his hit song "Thinking Out Loud" as a case study, forensic musicologist Ethan Lustig provides an overview for attorneys of which musical elements do and do not, when altered, create the sense of a new or distinct composition — a determination increasingly sought from experts in court.

  • Barbie Deals Should Remind Brands Of IP Licensing Benefits

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    Mattel Inc.'s recent licensing of the Barbie trademark — one of the biggest licensing campaigns of recent history — illustrates that, as long as risks are managed properly, intellectual property licensing can form part of the overall business strategy and benefit both parties, say Maria Peyman and Anousha Vasantha at Birketts.

  • Lessons On Cricket Patent History And IP Protection At UPC

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    On the heels of the creation of the Unified Patent Court in Europe, Susan Bradley at Marks & Clerk looks at how its development is interwoven with the history of cricket, and why inventors in that field have always taken advantage of the latest developments in intellectual property protection.

  • Factors To Consider In Protecting Software With Trade Secrets

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    With trade secrets protecting subject matter that would not otherwise be eligible for a patent now a mainstay of many multinationals’ intellectual property strategies, software developers have a number of considerations in deciding whether this is a viable alternative to protect their invention, says Dave Clark at Potter Clarkson.

  • A Look At US Injunctive Relief Trends Amid UPC Chatter

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    While much remains to be seen regarding how the new EU Unified Patent Court will treat injunctive relief in practice, recent data shows that the U.S. framework may be turning in favor of injunction, despite a perception that it can be nearly impossible to obtain in the U.S., say Nirav Desai, Patrick Murray and Roberta Lam at Sterne Kessler.

  • Navigating Europe's New Game-Changing Unified Patent Court

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    Europe's recently opened Unified Patent Court has ushered in a new era in patent law focused on the power of provisional relief, and adapting to both broad protections and compressed timelines is essential for plaintiffs and defendants alike, say attorneys at Ropes & Gray.

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