Intellectual Property UK

  • April 29, 2024

    Tech Co.'s 'Fraud Fighters' TM Too Descriptive

    An antifraud tech company failed to register a trademark for "Fraud Fighters," after European officials ruled it was "nothing more than the sum of its parts" describing the goods it covered.

  • April 29, 2024

    Hotel Group Blocks Candlemaker's TM Over Confusion Risks

    A French hotel chain has persuaded the U.K.'s intellectual property office to refuse a trademark for a company selling scented candles because consumers might mistake the hotel's berry branch trademark for a line of the candlemaker's berry-scented products.

  • April 29, 2024

    IBM Targets Rival For Reverse Engineering Code At Trial

    Computer giant IBM accused European rival LzLabs at the beginning of a nine-week trial Monday of violating its consumer agreement, saying the competitor's "reverse engineering" of some of its software is a breach of contract.

  • April 29, 2024

    Hipgnosis Backs Blackstone's New $1.6B Offer In Bidding War

    Blackstone said on Monday that the directors of music rights company Hipgnosis Songs will back a new $1.6 billion offer by the private equity giant after they said they would withdraw their backing for an earlier $1.5 billion bid from a U.S. competitor, Concord Chorus.

  • April 26, 2024

    Skechers Loses Bid To Register 'Just Slip In' TM

    American sneakers giant Skechers has lost its fight to win trademark protection for its "Just Slip In" slogan, with a European patent authority appeal board concluding that the phrase merely describes the shoes.

  • April 26, 2024

    Coca-Cola Chews Up Greek Rival's 'Tsakiris' Snack TM

    A Coca-Cola subsidiary defeated a rival that wanted to register the trademark "Tsakiris" to sell cereal snacks, after a European court ruled that it would take unfair advantage of the soft drink giant's reputation in Greek potato chips.

  • April 26, 2024

    Billboard Biz Gets OK To Fight To Opt Back Into UPC System

    Billboard advertising firm Aim Sport can have another chance to challenge a ruling by the Unified Patents Court, which held that its decision to opt out of Europe's umbrella patents court system is permanent and cannot be revoked, the UPC ruled Friday.

  • April 26, 2024

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

    This past week in London has seen budget airline Ryanair file a claim against NATS PLC after the air traffic controller's system collapsed, Mastercard and Visa Europe face group claims from Christian Dior and dozens of other beauty retailers, an intellectual property clash between the publisher of The Sun and ITV, and ISC Europe sue a former director for alleged money laundering. Here, Law360 looks at these and other new claims in the U.K.

  • April 26, 2024

    Luxury Streetwear Brand Off-White Can't Block 'On White' TM

    Luxury streetwear brand Off White has failed to convince the U.K.'s intellectual property authority to block a toothpaste brand from registering its "On White" trademark, with the regulator finding that there was no likelihood that the public would confuse the two logos.

  • April 25, 2024

    Game Cheat Tools Don't Infringe Copyright, EU Advocate Says

    Third-party video game cheating software should not infringe game creators' copyright in the European Union if it only manipulates a gamer's input rather than the game's code itself, a legal adviser to the bloc's top court said Thursday amid Sony's dispute with a British gaming business.

  • April 25, 2024

    TM Applicants Must Prove Lost Reputation, EU Court Rules

    A European court said Wednesday that a trademark's reputation can be "progressively" lost over time, ruling that companies must prove another trademark's reputation has fully dwindled in order to register a similar mark in a dispute over an LVMH-owned perfume brand.

  • April 25, 2024

    Pharma R&D Biz Set To Exit London Market

    Pharmaceutical development specialist C4X Discovery Holdings PLC is set to delist from the London Stock Exchange on Friday, as it looks to go private to raise more funds amid concerns about the regulatory "burden" linked to its junior market.

  • April 25, 2024

    Jim Beam Loses TM Dispute Over 'Pinnacle' Name

    American distiller Jim Beam failed to block a trademark for "Pinnacle Gin" because a similarly branded vodka company it owns isn't on the market in the U.K.

  • April 25, 2024

    Wachtell Steers Perrigo In €275M Unit Sale To Pharma Biz

    Healthcare company Perrigo said Thursday that it has agreed to sell its pharmaceutical division for rare diseases to pharmaceutical company Esteve Healthcare SL for €275 million ($295 million) in a deal guided by Wachtell Lipton Rosen & Katz and Clifford Chance LLP.

  • April 25, 2024

    Zara's Reputation Not Enough To Block 'Zarzar' TM

    Zara's owner has lost its bid to stop a U.K. trademark for "Zarzar" after the U.K. Intellectual Property Office found that any link between the high-street fashion giant and a company offering modeling services would be "fleeting and tenuous."

  • April 25, 2024

    German Pharma Biz Blocks Italian Cosmetics TM

    A European court has overturned a decision that allowed Italian cosmetic dermatology brand Pherla Medical to register a trademark for its name, ruling that the logo was too similar to that of German pharmaceuticals company Verla-Pharm Arzneimittel.

  • April 25, 2024

    Hipgnosis Ditches Blackstone Bid For Concord's $1.5B Offer

    Hipgnosis Songs has accepted a revised offer from its U.S. competitor Concord Chorus to buy the music rights investor for $1.5 billion, ditching Blackstone's $1.2 billion offer just days after accepting the private equity giant's deal.

  • April 24, 2024

    Ex-Yukos Oil Shareholders To Auction Russian Vodka Brands

    The Benelux rights to trademarks for 18 Russian vodka brands, including Stolichnaya and Moskovskaya, will go to auction in June in the Netherlands, the former shareholders of Yukos Oil Co. said Wednesday as they sought to enforce arbitral awards now valued at $60 billion.

  • April 24, 2024

    Klarna Trims Down Basque Bank's European Logo TM

    Buy-now, pay-later giant Klarna has won its fight to restrict trademark registration for a Spanish bank's logo, blocking protection in a myriad of categories ranging from laundry detergent to musical instruments.

  • April 24, 2024

    EU Geographic IP Rules Promoting Sustainability To Launch In May

    New rules for geographical indications covering agricultural products, wines and spirit drinks in the European Union will kick in on May 13, part of the bloc's plan to boost uptake of the niche intellectual property right.

  • April 24, 2024

    Labcorp Prevails Over Software Biz TM Challenge In EU

    Labcorp has cleared its path to a trademark over its name in the European Union after a court ruled Wednesday that a German software business can't halt the application based on its earlier "labcore" signs that it has not sufficiently used in recent years.

  • April 24, 2024

    Panasonic Denies 'Illegitimate Pressure' In 4G Patent Fight

    Panasonic told a London court Wednesday that a bid by rival Xiaomi to have the Japanese giant's litigation accusing it of infringing standard essential wireless patents in other European courts thrown out is "dead in the water," saying its overseas claims against the company are legitimate.

  • April 24, 2024

    Monster Energy Can't Get Descriptive 'Flavor Unleashed' TM

    Monster Energy's "Flavor Unleashed" logo is not distinctive enough for a European Union trademark because it simply describes the characteristics of the drinks it appears on, an intellectual property appeals panel in the bloc said Wednesday.

  • April 24, 2024

    Marine Tech Co. Fights MoD Unit's 'Inflated' $90M Claim

    A South Korean marine navigation business that misused a Ministry of Defence agency's data to make its own products has hit back at the agency's claim for as much as $90 million, alleging it includes jacked-up figures and miscalculations.

  • April 24, 2024

    IP Firm Can't Take Bid To Block Clients' Case To Top Court

    Britain's highest court has rejected a final attempt by Marks & Clerk LLP to block thousands of former clients from bringing a bribery class action over alleged secret commission payments, ruling that the law firm did not put forward any arguable legal challenges that justified an appeal.

Expert Analysis

  • Examining US And Europe Patent Disclosure For AI Inventions

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    As applicants before the U.S. Patent and Trademark Office and the European Patent Office increasingly seek patent protection for inventions relating to artificial intelligence, the applications may require more implementation details than traditional computer-implemented inventions, including disclosure of data and methods used to train the AI systems, say attorneys at Finnegan.

  • 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.

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