Blog results - found 37
After shock UK election result, possible shift in Brexit approach could have significant impact on trademarks (Blog)
After last night’s unexpected results in the UK general election, which returned a hung parliament, the uncertain direction of the Brexit negotiations has become a hot political talking point across the continent. While positions will no doubt be carved out in the coming weeks, the likely knock-on effect for the trademark world is less clear than ever before.
Unjustified threats overhaul receives royal nod, raises prospect of increased weak infringement allegations (Blog)
With the UK Intellectual Property (Unjustified Threats) Act receiving royal assent, clarity on what can be said in pre-action correspondence relating to trademark disputes is a step closer. While the bill has been welcomed, one commentator has warned that the protection from liability afforded to legal advisers could lead to an increase in knowingly weak allegations of infringement.
Jo Johnson, a Member of Parliament since 2010, has been confirmed as the new Minister for Intellectual Property. The move comes at a crucial time given uncertainty over the UK’s future intellectual property landscape in the wake of the BREXIT vote making it important that he occupies the role for longer than some of his predecessors.
“A welcome relief for brand owners fighting against counterfeiters”: court rules in landmark ISP case (Blog)
The Court of Appeal of England and Wales has dismissed an appeal against the landmark ruling in Cartier International AG v British Sky Broadcasting Limited, which ordered five internet service providers to block access to sites selling counterfeit goods. One industry commentator suggested that the decision paves the way for trademark owners to tackle sites selling counterfeits in a way that is both cost efficient and adaptable to the evasion tactics utilised by infringers.
“Don’t panic”: call for calm as Brexit vote creates uncertainty over future scope of trademark protection (Blog)
The UK electorate has voted to leave the European Union, meaning that after months of campaigning and speculation, trademark professionals now face the very real prospect of a changed IP landscape. The exit won’t become a reality until 2018 at the earliest, meaning that EU trademarks and registered Community designs currently remain valid in the United Kingdom. However, in the interim there is a lot to be negotiated, with the UK Institute of Trademark Attorneys urging rights holders “not to panic”.
In less than two weeks the UK electorate will vote on whether the country should remain a member of the European Union. The campaign from both sides has intensified as polling day approaches. Yesterday Toyota became embroiled in the debate, hitting out at the unauthorised use of its trademarks by the ‘leave’ camp.
The High Court in London has rejected a challenge to legislation introducing plain packaging for tobacco products. The decision was handed down just a day before the new regime makes effect, meaning that the UK will shortly become the latest country to implement plain packaging.
Last week we reported in some detail on the Supreme Court decision in a dispute between Magmatic, creator of the Trunki ride-on suitcase, and PMS International Group, which produces Kiddee case luggage. While initially described as a blow to the UK design industry, a number of leading commentators have responded to the negativity, arguing that the decision provides a very useful real-life example of how far registered design rights extend.
Trunki decision “undoubted blow” for UK creative industries; questions raised over direction of design rights enforcement (Blog)
In a case that centred on the issue of whether surface decoration should be considered when deciding whether design infringement has occurred, the Supreme Court has delivered a verdict that one commentator suggests “cements the growing perception that the pendulum swings too far in favour of the alleged infringer”.
The General Court has ruled that the shape of Coca-Cola’s ‘contour bottle without fluting’ is devoid of distinctive character and does not qualify for registration as a Community trademark. One industry expert told World Trademark Review that the decision highlights the particular challenges facing those seeking to protect containers and packaging as trademarks.
New research identifies growth opportunity for law firms that can reach receptive UK companies (Blog)
New research from the UK Intellectual Property Office has found that, while one-half of UK companies regard trademarks as important to their business, less than one-third have protected their rights. This is good news for those offering trademark-related legal services, but the report also identifies a number of barriers that need to be overcome.
In the latest development of the long-running dispute over Nestlé's efforts to secure trademark registration for the 'four-finger' Kit Kat shape, the High Court of England and Wales has dismissed the company’s appeal against a UK Intellectual Property Office finding that the mark is devoid of inherent distinctive character and has not acquired such character through use.
The UK government has today outlined measures to reform the groundless threats regime, responding to the proposals published by the Law Commission last year.
Rangers International Football Club has released a statement to the London Stock Exchange, announcing that the club has entered into agreements with SportsDirect.com Retail Limited and associated companies to provide a long-term on-going credit facility of up to £10m with trademarks central to the deal. The natural question to ask is whether the club got the best deal possible while using its prime IP asset as leverage.
The Court of Appeal of England and Wales has upheld a High Court ruling that Topshop's sale of a Rihanna t-shirt without her approval was an act of passing off.
A report into the impact of the UK Intellectual Property Office’s IP attaché network paints a positive picture in terms of the political and commercial advantage offered to both corporates and policy-makers. However, too few companies are currently benefiting.
The Court of Appeal for England and Wales today ordered a retrial in the long-running keyword dispute between Interflora and Marks & Spencer, finding that the trial judge had made a number of legal errors in assessing the issue of infringement, as well as wrongfully relying on impermissible evidence.
The High Court in London has delivered a landmark judgment establishing that trademark owners can secure court orders blocking websites that are structured to infringe their trademark rights by selling counterfeit goods online. The decision is believed to be the first in which an application for a website-blocking order against internet service providers in order to combat trademark infringement has been given the green light in the European Union
A report published today points to a growing awareness of IP crime among the UK public, with 90% of survey respondents viewing counterfeiting as morally wrong. However, this viewpoint does not necessarily influence individual purchasing decisions, illustrating the challenge ahead for the IP community.
Voters in Scotland head to the polls today for a referendum to determine whether the country will break away from the rest of the United Kingdom. The treatment of trademarks is not a subject that will sway the vote and has therefore been somewhat lost in the mix, but it is one that current and prospective rights holders will have questions about should the country vote for independence.
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