Region: United Kingdom

Backward step for Louboutin in complaint against Amazon

Advocate General Maciej Szpunar’s opinion suggests that, if it is made clear to the reasonably well-informed and reasonably observant internet user that goods are offered by a third party, an intermediary platform may not infringe an owner's EU trademark rights.

15 August 2022

In the battle of the supermarkets, Tesco’s bad-faith allegations are deemed groundless, whilst Lidl’s survey evidence is deemed typically cost-effective

The case serves as a warning to future litigants considering running bad-faith invalidity arguments that rebutting the presumption of good-faith filing is a significant hurdle to get over.

15 August 2022

UK High Court decision sheds light on approach to unjustified threats

A patent dispute decision considered whether the use of Amazon’s IP enforcement procedures can constitute an actionable unjustified threat.

11 August 2022

House of Zana prevails in Zara dispute; Amazon acquires iRobot; IPOPHL to promote GIs – news digest

In our latest round-up, we look at KIPO pledging to improve the quality of its IP evaluation system, Asahi signing its biggest-ever marketing deal, and much more.

09 August 2022

Supreme Court of Appeal rules on effect of disclaimers and admissions

This is a rare example of a judgment tackling the issue of the effect of an endorsement, such as a disclaimer or an admission.

09 August 2022

Reckitt rebrand shows power of business connectivity

We hear how a broader business perspective helped the Reckitt brand protection team juggle a major company rebrand, anti-counterfeiting efforts during the pandemic and ongoing global portfolio management to become WTR's 2022 Household and Consumer Goods Team of the Year.

02 August 2022

“My money don’t jiggle, jiggle’’ for failed TIK TOK appeal

The High Court has dismissed an appeal by IT consultancy Tik Tok International Limited against a decision cancelling its registration for TIK TOK in Class 42 in light of the earlier trademark registration owned by well-known online platform TikTok.

29 July 2022

Applicability and apportionment of general overheads in an account of profits: a pursuit of the "least unrealistic" outcome

The case highlights the uncertainty implicit in a claimant seeking an account of profits and the need for the court to take a pragmatic approach.

26 July 2022

HENRY and RONALDINHO trademark decision highlights need for famous individuals to keep their eye on the ball

The UKIPO cannot, at the application stage, reject trademark applications because they feature the names of famous individuals.

21 July 2022

High Court clarifies approach to pure colour marks

In the long-running dispute between Cadbury and Nestlé over the colour purple mark, the High Court has clarified how the Court of Appeal’s 2013 judgment involving the same parties should be applied to pure colour marks.

19 July 2022