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Intellectual Property UK
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April 02, 2024
ASOS Loses Appeal For Topshop TM In Europe
Online retailer ASOS has lost a second bid for trademark protection over the fashion brand name Topshop, with the European intellectual property authority saying the name lacks any distinctive character and simply means "an excellent store."
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March 28, 2024
House Of Fraser Loses Bid To Broaden 'BIBA' EU Trademark
House of Fraser can't broaden its "BIBA" trademark because consumers could confuse the sign with an earlier "BiBA" logo that appears on similar goods, a European Union appeals panel has ruled.
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March 28, 2024
British Biz Hits Back At Chinese Co. In LED Mask Design Fight
A British businesswoman has hit back at a Chinese light-therapy device manufacturer's claim that she misused its designs for an LED mask and bib, telling a London court she was always the rightful owner of the designs.
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March 28, 2024
Questel Partners With AI Workflow Automation Software Maker
Intellectual property software provider Questel has partnered with a workflow automation software maker to help IP lawyers automate more document-based tasks with artificial intelligence, according to statements from both companies.
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March 28, 2024
4 Questions For Bristows' Commercial IP Experts
Bristows LLP intellectual property leaders Matthew Warren and Robert Burrows have seen much change in their decades of advising clients, but they say the pace has “increased significantly” in recent years. Here, they talk to Law360 about artificial intelligence, the latest developments in FRAND disputes and other trends in IP litigation.
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March 28, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen investors target fraudsters who ran a fake film tax scheme, Barclays Bank sue privately owned Russian bank PJSC Sovcombank, easyGroup bring a trademark infringement claim against online casino TGI Entertainment for its "easybet" word sign, and a bioethanol fuel company hit high-profile individuals connected to the collapsed Elysian Fuels scheme. Here, Law360 looks at these and other new claims in the U.K.
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March 28, 2024
Locksmith Hits Back At Security Biz In Key Copy Patent Feud
A locksmith service has denied infringing an Austrian security company's patent by cutting copies of a key design, telling a court it could not have known the key was patent-protected and saying that the patent is invalid either way.
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March 27, 2024
Bayer Can Briefly Stop Rivals Selling Patented Xarelto Dosage
Bayer AG can briefly block its rivals from selling generic versions of anticoagulant Xarelto at its protected once-daily dosage while both sides await a ruling on the validity of the patent, a London court said on Wednesday.
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March 27, 2024
BoE Finds Increasing Fear Of Financial Risk From AI
The Bank of England said on Wednesday the proportion of banks, insurers and other firms that find artificial intelligence one of the greatest risks to the finance system has doubled in six months.
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March 27, 2024
Sainsbury's Says Mandarins Not From Protected Variety
Sainsbury's has hit back at accusations that a variety of its mandarin oranges infringe on the plant breeding rights of a French company, arguing that its Tang Golds are intrinsically different from the protected Nadorcotts owned by Nador Cott Protection SAS.
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March 27, 2024
Wine Drunk By Queen Elizabeth Triumphs In EU TM Spat
European intellectual property officials have dismissed efforts by a Dutch drinks maker to register its beverages with the trademark "Petrus" after finding that consumers could confuse the brand with wines made by the famous Bordeaux vineyard.
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March 27, 2024
Skyscanner Stands Firm In TM Infringement Feud With Rival
Skyscanner Ltd. has doubled down on its claim that rival travel agency Loveholidays infringed its trademark by adopting a similar logo, while also refuting its competitor's claim that the imitation was actually the other way around.
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March 26, 2024
Nokia Loses Bid To Patent Telecoms Device Invention
Nokia Solutions and Networks Oy has failed to win patent protection for an invention related to a new wireless transmission method, after European officials ruled that the company's amendments had gone beyond what was originally claimed.
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March 26, 2024
Pet Drug Maker Faces EU Probe For Axing Pipeline Dog Med
The European Union's antitrust authority said Tuesday it has launched a probe into whether Zoetis Inc. had illegally blocked competition by acquiring a pipeline product designed to treat pain in dogs and axing a potential rival's deal to sell it.
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March 26, 2024
Abbott Sues Over 3D TM Infringement Of Diabetes Device
Abbott Diabetes has sued several companies for selling a Chinese-made glucose monitoring device with signs that allegedly look "identical" to the ones on its product.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Trademark Ruling Brings Clarity To Product Defect Liability
The recent Court of Justice of the EU ruling in Fennia v. Philips, its first concerning the trademark aspect of producer liability in Article 3(1) of Directive 85/374, brings greater clarity to the question of compensation in the event of a claim for defective products, say Radboud Ribbert and Thomas van Weeren at Greenberg Traurig.
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Appointments Shape EU Unified Patent Court Before Launch
A series of judiciary appointments at the EU Unified Patent Court help put the court on track for its April opening, while also reflecting a patent-friendly enforcement system, say attorneys at Baker McKenzie.
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5 Considerations In Preparing For EU's New Patent System
With the upcoming implementation of the unitary patent and Unified Patent Court, Europe gets closer to its long-term goal of one EU patent that can be enforced in one court, and non-EU patent owners and applicants will have strategic decisions to make, say Fabian Koenigbauer at Ice Miller and Thomas Kronberger at Grünecker.
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Reexamining Negative Limitations After Novartis Patent Ruling
The Federal Circuit's decision and denial of rehearing in Novartis v. Accord has created exacting standards that must be met in order for negative limitations in patent claims to satisfy the written description requirement, but whether the dissent is correct that the majority opinion heightened the standard is an arguable point, say Jonathan Fitzgerald and Jaime Choi at Snell & Wilmer.
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UK Courts' 3rd-Party Disclosure Rule Sets Global Precedent
The quiet change about to take place in the English Civil Procedure Rules, enabling U.K. courts to require pre-action disclosure of information from overseas third parties, is uncharted territory and will have profound implications for any organization that handles assets on behalf of a party, says Simon Bushell at Seladore Legal.
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Zara TM Ruling Shows Prefiling Clearance Is Always Advisable
The recent Trade Mark Tribunal decision regarding Zara and House of Zana demonstrates the importance of conducting prefiling clearance investigations, so that where opposition may be anticipated, a strategy can be put in place, says Melanie Harvey at Birketts.
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Dutch Merger May Promote Behavioral Remedies Across EU
A Dutch tribunal's recent clearing of the Sanoma-Iddink deal might further encourage merging parties in the EU to offer — and government agencies to accept — behavioral remedies, which was rarer when more emphasis was put on divestments, says Robert Hardy at Greenberg Traurig.
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How Will UK Address AI Patent Infringement?
As artificial intelligence-related patent litigation activity inevitably approaches, a review of U.K. principles of direct and indirect liability offers insight into how courts may address questions involving cloud-based technology and arguments related to training AI models, say Alexander Korenberg at Kilburn & Strode and Toby Bond at Bird & Bird.
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Law Commission's 'Data Objects' Proposal Is Far-Reaching
The Law Commission’s proposals to recognize data objects as a new category of personal property would bring fundamental changes were they to be implemented, and would have significant ramifications for finance litigation, say attorneys at Norton Rose.
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UK Rulings Give Chinese Courts Wide Powers In IP Disputes
The recent rulings in Nokia v. Oppo and Philips v. Oppo open the door for Chinese courts to adjudicate worldwide rate-setting terms for standard-essential patents, and in so doing present a timely wake-up call as to China's influence, say F. Scott Kieff at George Washington University Law School and Thomas Grant at the University of Cambridge.
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Swatch V. Samsung Offers IP Warning To Platform Operators
The recent U.K. High Court decision of Swatch v. Samsung demonstrates that while platform operators may wish to exercise greater control over the apps distributed on their platforms, this carries with it a corresponding duty to apply due diligence to protect the intellectual property rights of third parties, say Alex Borthwick and William Hillson at Powell Gilbert.
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Opinion
The USPTO Should Give Ukraine Even More Help
The U.S. Patent and Trademark office should take three direct steps to help confer upon Ukraine's patent office the same benefits it previously granted to Russia's Rospatent, in addition to the sanctions the USPTO has already conferred in response to the attack on Ukraine, say David Kappos at Cravath, Teresa Summers at Summers Law Group and Andrew Baluch at Smith Baluch.
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International Law May Protect Foreign Investors In Russia
Investment treaties that allow eligible foreign investors to bring claims for compensation by way of international arbitration may offer a better, or the only, avenue to recover losses for assets that have been seized by Russia, say attorneys at Cooley.
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Amazon TM Ruling Proves Important For Global Websites
The U.K. Court of Appeal recently found that Amazon infringed Lifestyle Equities' trademark, and its analysis of whether there was an intention to target particular customers, provides welcome relief for brand owners and lessons on avoiding infringement for the operators of global websites, say Steven James and Hattie Chessher at Brown Rudnick.
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Sheeran Ruling Raises Burden For Copyright Plaintiffs
In requiring proof of access, rather than proof of the possibility of access, the U.K. High Court’s decision in Ed Sheeran’s recent copyright case will provide some security to those in the music industry, say David Fink and Armound Ghoorchian at Venable.