Intellectual Property UK

  • June 27, 2024

    EasyGroup Can't Claim TM It Isn't Using, Van Rental Biz Says

    Car and van rental firm Easihire has hit back in London court at easyGroup's claims of trademark infringement, arguing that the low-cost giant should lose the "easyHire" mark it relied on because it hadn't even used it.

  • June 27, 2024

    UPC Adds 8 Science And Technology Specialist Judges

    The European Union's Unified Patent Court has appointed a host of new judges, each with expertise in the fields of science and technology, as it grows in its second year in operation.

  • June 27, 2024

    DXC Wins TM Battle Against German Firm

    American information technology DXC can now register its trademark after U.K. intellectual property officials ruled against a German investment firm's claim that the name was too similar to its own and would confuse customers.

  • July 04, 2024

    Foot Anstey's IP Leaders Exit To Launch Boutique

    The former heads of Foot Anstey LLP's intellectual property team have set up their own shop with the help of Excello Law, launching a full-service IP boutique based in Manchester and London in response to a changing legal landscape.

  • June 27, 2024

    Hague Cracks Down On Copycat LVMH Vodka Brand

    A Dutch court has ordered a Milan-based drinks importer to hand over and destroy all its counterfeits of a Moët Hennessy-owned Polish vodka brand, but ruled that the bottles did not infringe the vodka maker's copyright.

  • June 26, 2024

    Unified Patent Court Cuts Ribbon On Milan Central Division

    The Unified Patent Court is set to open the doors of its specialized life sciences division in Milan, what experts predict will be the very busy third location in the year-old patent system with exclusive jurisdiction over patent revocation actions.

  • June 26, 2024

    US Leads Charge As $7T Poured Into Intangible Assets In 2023

    Investment in intangible assets grew at more than triple the pace of physical investment over the past 15 years to reach $6.9 trillion in 2023 with the U.S. and the U.K. leading the spend, the World Intellectual Property Organization has said.

  • June 26, 2024

    Aldi Wins Bid To Crush Spanish Biscuit Co.'s 'Choquer' EU TM

    A Spanish biscuit maker failed to revive its invalidated trademark for "Choquer," after European officials ruled that an Aldi company's earlier "Choceur" mark had already cornered the pastry market.

  • June 26, 2024

    Volvo Gets Green Light For Headlight TM

    A European court handed Volvo a win Wednesday after ruling that earlier judges wrongly rejected its mark for a headlight shaped like Thor's hammer, deeming it an unusual shape for the car market.

  • June 26, 2024

    Chinese Co. Loses Bid For European Power Supply Patent

    The European Patent Office has refused to hand a Chinese electronics maker patent protection for a power supply system, after an appellate board found that experts in the industry could deduce the technical process through older inventions.

  • June 25, 2024

    Ashurst Latest Law Firm To Partner With AI Co. Harvey

    London-headquartered international law firm Ashurst plans to provide all its 4,000 attorneys and staff with access to the legal artificial intelligence platform Harvey, the firm said Tuesday, making it one of the latest firms to partner with the company.

  • June 25, 2024

    Huawei Scores Victory In Fingerprint Tech Patent Fight

    Huawei has won its bid to nix a rival's patent for fingerprint-detecting technology, after European officials ruled that the WaveTouch invention didn't include enough details to be replicated.

  • June 25, 2024

    O2 Proves 'Elando' EU TM Too Similar To Its 'Can Do' Sign

    O2 has blocked a tech company from extending its "Elando" trademark protections to the European Union, convincing officials that the sign could cause confusion with its own "Can Do" sign.

  • June 25, 2024

    Mars' 'Kitekat' Is Top Dog In Cat Food Trademark Battle

    Mars has won its bid to cancel a rival's trademark for "Kit Cat," after European officials ruled that consumers shopping for the food giant's "Kitekat" pet products might believe the two were linked.

  • June 25, 2024

    Electrolux Beats Bosch Unit To Revive Touch Screen Patent

    Electrolux has rescued its European patent over a kitchen appliance touch screen from a Bosch subsidiary's invalidity protests, convincing an appeals panel that an amended version of the blueprint is inventive over previous devices.

  • June 24, 2024

    BMS Fends Off Teva Attack Over Blood Clot Patent

    A Swedish judge has upheld a BMS patent for a blood clot treatment, concluding that the invention was new because it should be treated as having an earlier filing date under European precedent.

  • June 24, 2024

    Jaguar Land Rover Nixes Chinese EV Battery Maker's TM

    European officials blocked China's top electric vehicle battery maker from registering the trademark "Evogo," after ruling that buyers might think it was related to Jaguar Land Rover's "Evoque" mark.

  • June 24, 2024

    Rugby Division Beats Football Org In Super League TM Scrum

    England's top-tier rugby league division has blocked a breakaway soccer league from extending its "The Super League" trademark to the U.K., with officials deeming the sign too similar to earlier "Super League" marks, in a ruling published Monday.

  • June 24, 2024

    Stoma Bag Maker Must Show Its Work In Patent Case

    A London court has ordered a stoma bag specialist to provide a more detailed breakdown of its product amid its rival's patent infringement claim — but the company got the nod to rely on experimental evidence in its defense.

  • June 21, 2024

    Apple Won't Offer AI Tools In EU Due To Regulatory Concerns

    Apple confirmed Friday that the tech giant isn't planning on releasing new artificial intelligence features in the European Union this year due to "regulatory uncertainties" involving the bloc's new Digital Markets Act and the potential security risks that complying with the DMA could pose to Apple users.

  • June 21, 2024

    Pay-For-Delay Drug Case Not Time-Barred, UK Tribunal Says

    The U.K. Competition Appeal Tribunal refused Friday to apply a much more restrictive statute of limitations that would toss government claims that Danish pharmaceutical company Lundbeck Ltd. and generic drug manufacturers anticompetitively agreed to delay generic competition to an antidepressant.

  • June 21, 2024

    Big Mac Ruling Shows Brands Can't Coast On Reputation

    Consumer giants should not be complacent that their globally recognized branding will serve as reason enough to hold onto and enforce their intellectual property, lawyers warn following a European court's high-profile decision to trim McDonald's trademark protections for "Big Mac."

  • June 21, 2024

    Abbott Can't Bar Rival's Glucose Monitor Sales In UPC Claim

    Abbott Diabetes Care Inc. has failed to convince the Unified Patent Court's local division in The Hague to issue an early injunction barring a Hong Kong-based rival from selling a glucose monitor in Europe, with the court saying Abbott's patent will likely be revoked.

  • June 21, 2024

    Austrian Bank Beats Challenge To 'Easybank' TM

    Italian bank Intesa Sanpaolo lost its challenge to an Austrian bank's "easybank" trademark, after the Austrian bank persuaded the European Union's intellectual property office that it had put its direct banking brand to good use.

  • June 21, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen JD Wetherspoon sue a Welsh pub over its name in the Intellectual Property Court, ex-professional boxer Amir Khan and his wife file libel action against an influencer, the Performing Right Society hit with a competition claim over music licensing, and Manolete Partners bring action against the directors of a bust investment firm. Here, Law360 looks at these and other new claims in the U.K.

Expert Analysis

  • Incontinence Drug Ruling Offers Key Patent Drafting Lessons

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    In a long-awaited decision in Astellas v. Teva and Sandoz, an English court found that the patent for a drug used to treat overactive bladder syndrome had not been infringed, highlighting the interaction between patent drafting and litigation strategy, and why claim infringement is as important a consideration as validity, says George McCubbin at Herbert Smith.

  • EPO Decision Significantly Relaxes Patent Priority Approach

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    In a welcome development for patent applicants, a recent European Patent Office decision redefines the way that entitlement to priority is assessed, significantly relaxing the previous approach and making challenges to the right to priority in post-grant opposition proceedings far more difficult, say lawyers at Finnegan.

  • Why US Should Help European Efforts To Fix SEP Licensing

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    The European Commission's proposed reform of standard-essential patent licensing aims to fix a fundamental problem stemming from the asymmetry and obscurity of information about SEPs, and U.S. agencies exploring regulation of foreign regimes should support and improve these efforts, say David McAdams at Duke University and David Katz at WilmerHale.

  • Shifting From Technical To Clear Insurance Contract Wordings

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    Recent developments on insurance policies, including the Financial Conduct Authority's new consumer duty, represent a major shift for insurers and highlight the importance of drafting policies that actively improve understanding, rather than shift the onus onto the end user, say Tamsin Hyland and Jonathan Charwat at RPC.

  • What's In The Plan To Boost Germany's Commercial Litigation

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    Lawyers at Cleary discuss Germany's recent draft bill, which establishes commercial courts and introduces English as a court language in civil proceedings, and analyze whether it accomplishes the country's goal of becoming a more attractive venue for commercial litigation.

  • Bitcoin Case Highlights Advanced Age Of UK's IP Law

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    An appellate court's recent decision in a case involving the copyright of bitcoin's file format emphasizes the role of copyright protection in software, and also the challenges of applying decades-old laws to new technologies, say Marianna Foerg and Ben Bell at Potter Clarkson.

  • Future Paths For AI Inventorship After Justices' Thaler Denial

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    Anup Iyer at Moore & Van Allen examines the current and future state of AI inventorship in the wake of the U.S. Supreme Court's decision not to hear Thaler v. Vidal, including collaboration, international challenges, and the need for closer examination in research and development-intensive sectors.

  • EU Ruling Highlights Strategic Benefits Of Patent Appeals

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    The European Patent Office board of appeal recently reversed the examining board's ruling in an application by LG Electronics, highlighting how applicants struggling to escape conflicting objection traps at the examination level can improve their chances of a positive outcome with an appeal, says Andrew Rudhall at Haseltine Lake.

  • Series

    In A 'Barbie' World: Boosting IP Value With Publicity Machines

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    Mattel's history of intellectual property monitoring, including its recent challenge against Burberry over the "BRBY" trademark ahead of the "Barbie" film, shows how IP enforcement strategies can be used as publicity to increase brand value and inform potential collaborations, says Carly Duckett at Shepherd and Wedderburn.

  • UPC Revocation Actions Offer An Attractive Patent Strategy

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    As the Unified Patent Court gains momentum after an initial period of nervousness around the recently launched forum, more businesses may be starting to realize the value of running revocation actions as an alternative route to knocking out patents across Europe, say Oliver Laing and Georgia Carr at Potter Clarkson.

  • 5 Takeaways For Litigants From Early EU Patent Court Ruling

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    One of the first Unified Patent Court ex parte preliminary injunctions was recently granted in myStromer v. Revolt Zycling, demonstrating the court's ability to decide cases extremely quickly, but parties should be careful in phrasing their motions and sufficiently substantiating them to achieve the desired result, says Antje Brambrink at Finnegan.

  • Copyright Cheat Sheet: Finding Substantially Similar Songs

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    Using the recent copyright infringement case against Ed Sheeran over his hit song "Thinking Out Loud" as a case study, forensic musicologist Ethan Lustig provides an overview for attorneys of which musical elements do and do not, when altered, create the sense of a new or distinct composition — a determination increasingly sought from experts in court.

  • Barbie Deals Should Remind Brands Of IP Licensing Benefits

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    Mattel Inc.'s recent licensing of the Barbie trademark — one of the biggest licensing campaigns of recent history — illustrates that, as long as risks are managed properly, intellectual property licensing can form part of the overall business strategy and benefit both parties, say Maria Peyman and Anousha Vasantha at Birketts.

  • Lessons On Cricket Patent History And IP Protection At UPC

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    On the heels of the creation of the Unified Patent Court in Europe, Susan Bradley at Marks & Clerk looks at how its development is interwoven with the history of cricket, and why inventors in that field have always taken advantage of the latest developments in intellectual property protection.

  • Factors To Consider In Protecting Software With Trade Secrets

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    With trade secrets protecting subject matter that would not otherwise be eligible for a patent now a mainstay of many multinationals’ intellectual property strategies, software developers have a number of considerations in deciding whether this is a viable alternative to protect their invention, says Dave Clark at Potter Clarkson.

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