Blog results - found 43
Bodies representing IP solicitors, barristers and chartered trademark and patent attorneys have teamed up to urge the UK government to address key IP concerns related to Brexit urgently. While limiting its list to five key areas of concern, the document warns that a multi-year transitional period will likely be required to reach a suitable solution.
The International Trademark Association (INTA) has published a Brexit position paper, making a series of recommendations to negotiators on the treatment of intellectual property. INTA has also revealed that it is working directly with the negotiating parties and the UK Intellectual Property Office to ensure that IP and brand-related issues are properly addressed.
Trading Standards versus Facebook: fakes on social media in the spotlight as issue rises up UK policy agenda
To coincide with the buying frenzy surrounding Black Friday and Cyber Monday, a report in the Sunday Times this weekend states that “the biggest investigation in Britain into fake goods on social media has identified tens of thousands of listings for counterfeit products on Facebook”. The article has been picked up by numerous outlets and comes at a time when counterfeiting on social media is rising up the UK policy agenda.
New figures released by Nominet reveal that the number of ‘.uk’ domain name suspensions doubled over the last 12 months, with enforcement takedowns topping 16,000. The UK Police Intellectual Property Crime Unit has been a major contributor to this rise, accounting for more than 13,500 requests for action.
Appeals court strikes blow for London Taxi Company; decision highlights challenge facing shape mark applicants
The Court of Appeal of England and Wales has backed a High Court of Justice finding that the three-dimensional shapes of particular models of taxi were invalid and therefore not infringed by the manufacturer of the Beardmore, Oxford and Metrocab models of London taxi. One leading industry commentator noted that the decision “is a further example of the difficulties faced by applicants for ‘shape’ trademarks in demonstrating distinctive character”.
UKIPO study claims social networks “encourage IP infringement”; complicit consumers actively seek out fakes
Research commissioned by the UK IP Office has reinforced claims made by government enforcement agencies that social media platforms “encourage IP infringement”, while also amplifying counterfeiters’ messages by increasing the connectivity of potential complicit consumers. However, the office noted that the study is based only on a 2015 snapshot and further investigation is needed to uncover the true scale and nature of infringement.
After shock UK election result, possible shift in Brexit approach could have significant impact on trademarks
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
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
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
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
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 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.
Register for more free content
- Read more World Trademark Review blogs and articles
- Receive the editor's weekly review by email