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07 September 2018

The fall of the own-name defence

The ability to raise the own-name defence in Europe is about to come to an end. This article examines the consequences of recent own-name legislative changes for businesses in Europe.

05 September 2018

<strong><em>Frank Industries v Nike</em></strong><strong>: IPEC takes modern approach to assessment of consumer perception </strong>

In Frank Industries Pty Ltd v Nike Retail BV, the Intellectual Property Enterprise Court in London has found that Nike had infringed Frank Industries' trademark registrations for LNDR by using the sign LDNR in an advertising campaign.

03 September 2018

<strong>“N</strong>egative for business and consumers<strong>” – GI association slams Brexit negotiations and possible no-deal scenario</strong>

oriGIn has released a strongly-worded statement calling for Brexit negotiators on both sides to preserve GIs as part of the UK’s withdrawal from the European Union.

23 August 2018

“A chef’s name is a trademark” – dispute highlights brand protection risks in the fine dining restaurant industry

An ongoing trademark dispute between an award-winning chef and his former employer has highlighted the issue of brand protection in the fine dining sector.

17 August 2018

A-Z guide of EU trademark court practice and performance: Spain to UK

In the final part of our series, trademark counsel from law firms across Europe provide an overview of the performance of their countries’ EU trademark courts over the last two years.

03 August 2018

High Court provides guidance on admissibility of new evidence on appeal from registrar

The decision of the High Court of England and Wales in Consolidated Developments Ltd v Cooper demonstrates the relatively restrictive approach which the court takes to the admission of new evidence.

02 August 2018

Court of Appeal provides salutary lesson to mark owners who license their trademark portfolios

The decision of the Court of Appeal of England and Wales in Holland and Barrett v General Nutrition provides valuable guidance for mark owners who license their main brand as well as a number of sub-brands.

31 July 2018

High Court: notices of discontinuance may be set aside in certain circumstances

In a dispute over the mark GIORDANO, the High Court of England and Wales has held that, in certain circumstances, notices of discontinuance can be set aside.

30 July 2018

UK’s Conservative Party accused of selling "knock-off” Love Island goods as part of political campaign

​​​​​​​A new campaign by the Conservative Party in the UK has sparked debate over possible IP infringement due to use of terms and items related to the TV show Love Island.

25 July 2018

Intellectual Property Enterprise Court explores limits of extended passing-off doctrine

In a dispute over the use of the term ‘mutual’, the Intellectual Property Enterprise Court in London has dismissed Military Mutual's passing-off claim against Police Mutual.

24 July 2018

Intellectual Property Enterprise Court explores limits of extended passing-off doctrine

In a dispute over the use of the term ‘mutual’, the Intellectual Property Enterprise Court in London has dismissed Military Mutual's passing-off claim against Police Mutual. 

23 July 2018

Is the Brexit fog lifting? UKIPO confirms plan for “free” conversion of EU trademarks to UK register

In newly-released comments, the UKIPO has confirmed that the UK will protect all existing EU trademarks and registered Community designs when the country leaves the EU. Crucially, the transfer of 1.5 million rights will be automatic and free-of-charge.

20 July 2018

Well-known marks: approaches to fame in Europe

Obtaining well-known status for a trademark can be a powerful tool for rights holders. In the third of a three part series, this article considers the best route in key European jurisdictions

20 July 2018

3D shape mark rejected for technical function

The hearing officer has rejected an application to register a 3D mark in the UK based on the shape's technical function, highlighting the clear public interest of preventing the unjustifiable extension of patent rights.

19 July 2018

UK government White Paper on future UK-EU relationship: small number of IP issues considered

The UK government’s White Paper on the future UK-EU relationship includes a limited number of proposals relating to intellectual property. Among other things, the United Kingdom will establish its own GI scheme.