Intellectual Property UK

  • April 15, 2024

    Durex Maker Can't Get '4 Play' TM In EU

    A Reckitt Benckiser Group PLC unit lost its bid for trademark protection over its lubricant brand "4 Play" in the European Union, with the bloc's intellectual property authority saying that the mark is no more than an "obvious descriptive message" about the purpose of the products.

  • April 15, 2024

    Security Biz Rescues 'Smart Living Prepared' EU TM Hopes

    A security company can proceed with its "Smart Living Prepared" trademark application, after proving that consumers would not confuse the sign with a British business owner's "Smart Ready" sign, a European Union appeals panel said on Monday.

  • April 15, 2024

    'Artisan' Businesses Too Different For TM Confusion

    A U.K. wholesaler of artisanal foods has beaten a challenge to the trademark for its logo by an advertising agency after the U.K. Intellectual Property Office ruled the companies have drastically different business models.

  • April 12, 2024

    Split PTAB Panel Upholds QinetiQ Fracking Patent

    A British defense contractor successfully fought off a legal challenge surrounding its patent covering a fracking device, in a ruling from the Patent Trial and Appeal Board that was split three ways over the matter.

  • April 12, 2024

    CJEU Grand Chamber To Hear Patent Jurisdiction Referral

    The EU's highest court is set to hear arguments on whether a member state has authority to hear patent invalidity defenses for foreign patents, in a rare instance of a patent referral made to the court's 15-judge grand chamber.

  • April 12, 2024

    US-based MSD Broke Ban On Using 'Merck' In UK, Court Finds

    U.S.-based Merck Sharp & Dohme LLC's use of the "Merck" name on websites and social media breached the terms of a court order barring it from using the name in the U.K. to protect German drugmaker Merck KGaA's rights, a London court ruled Friday.

  • April 12, 2024

    BAT Survives Vape Patent Attack Unsinged

    British American Tobacco defeated a challenge to one of its European vape patents, with officials ruling that it was innovative as previous inventions hadn't thought of obtaining pressure readings with a direct temperature sensor.

  • April 12, 2024

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

    This past week in London has seen footwear brand Dr. Martens hit online retailer Temu with a passing off claim, Welsh soccer club Swansea sue its former head coach Russell Martin, Russian diamond tycoon Dmitry Tsvetkov file a claim against his former business Equix Group Ltd., and U.S. bank Omega Financial Corporation hit African oil and gas company Tende Energy with a claim. Here, Law360 looks at these and other new claims in the U.K.

  • April 12, 2024

    6 Questions For Steve Howe, Reddie & Grose's New Chairman

    Steve Howe, Reddie & Grose LLP's new chairman, told Law360 that a growing number of clients are turning to the firm for advice on inventions that involve the use of artificial intelligence technology. Here, Howe talks about IP with Law360.

  • April 12, 2024

    Candy Crush Creator Pulverizes Rival's 'Candygame' TM

    The creator of Candy Crush has won its fight to block a rival mobile game developer from registering a "Candygame" trademark, with a European Union patent authority concluding that the rival's brand could take unfair advantage of its fame.

  • April 12, 2024

    Bayer Loses UK Protections For Billion-Dollar Blood Thinner

    A London court on Friday invalidated Bayer AG's patent for its best-selling blood thinner Xarelto, agreeing with an array of generic drugmakers that the German pharmaceutical giant had given away too much information in conference materials about the drug before seeking protections.

  • April 11, 2024

    Plus-Size Clothing Retailer Sues Over Alleged Knockoffs

    A British fashion retailer has accused a London-based garment supplier of selling knockoffs of its "Yours" and "Yours Curve" plus-size women's clothing brands with a "Yours Curvy" line of products.

  • April 11, 2024

    Dolce & Gabbana Gets 'K' TM Despite Kappa Challenge

    Sportswear maker Kappa failed to prove that consumers buying Dolce & Gabbana cosmetics stamped with a "K" trademark would mix up their brands, after European officials ruled that the signs were just too different to create a risk of confusion.

  • April 11, 2024

    Cable Biz Risks Losing Obvious Earthing Nut Patent In UK

    A cable products business is facing losing its electrical earthing nut patent protections in the U.K. after officials ruled that the device's shape and conductivity technology did not provide a sufficient leap from earlier patents.

  • April 25, 2024

    Mishcon Hires IP Pro Angela Fox From Maucher Jenkins

    Mishcon de Reya LLP said Thursday that it has recruited the former head of dispute resolution at Maucher Jenkins to its intellectual property team, boosting its strengths in a full spectrum of trademark, copyright and design matters.

  • April 11, 2024

    AI Music Biz Faces Rocky Road In Record Label IP Dispute

    If U.K. record labels follow through on a threat to sue AI music company Jammable, experts say the country's first copyright claim over music deepfakes could prove harder to defend than other IP disputes over the new technology.

  • April 11, 2024

    Hendrix Bandmates Have No Claim To Copyright, Sony Says

    The U.K. arm of Sony has hit back at the estates of the former bandmates of Jimi Hendrix in their ongoing copyright feud over the group's back catalog, alleging that the pair consented to producers taking control.

  • April 11, 2024

    UPC Allows Access To Ocado Docs On Appeal

    Ocado has failed to persuade the Unified Patent Court's Court of Appeal that it should block a lawyer's third-party request to access pleadings in a now-settled patent suit, further clarifying the new court's stance on transparency.

  • April 10, 2024

    Lights Out For Solar Panel Company's Battle To Revive Design

    Singapore-based solar panel maker Maxeon Solar Pte. Ltd. lost its fight to revive its invalidated panel design Wednesday, with a European Union court ruling that the appearance of its device "lacked individual character."

  • April 10, 2024

    Medical Device Maker Bids To Stop Rival Selling Product

    A Chinese medical device maker urged a London court Wednesday to prevent a U.K. rival from selling its product until the end of its patent infringement claim, arguing that the medical device supplier might undercut its prices.

  • April 10, 2024

    EU Court Revives German Kitchen Biz's 'MH Cuisines' TM Hopes

    A German kitchen specialist can proceed to registering its "MH Cuisines" trademark after persuading a European Union court on Wednesday to overturn an earlier ruling that consumers could confuse the sign with a rival's "MM Cuisines" logo.

  • April 10, 2024

    Petrochem Co. Can't Nix Vagisil Maker's TM For Teens

    Combe International LLC can register the trademark "OMV! By Vagisil" after European officials ruled there was a "profound distance" between its feminine hygiene creams and the petrochemical products sold by a similarly named company.

  • April 10, 2024

    Door Handle Maker Grips Design Victory On Appeal

    A Czech manufacturer won its appeal Wednesday to reinstate design protections for a door handle after a European court ruled that differences in the angles of the grip and neck were significant enough to merit protection.

  • April 10, 2024

    EUIPO Wrongly Skimmed Dairy Biz's 'Rebell' TM, Court Says

    A European Union court has restored a dairy company's "Rebell" protection, ruling on Wednesday that intellectual property officials failed to explain why they narrowed the scope of the trademark for lack of use amid a beef company's protests.

  • April 09, 2024

    Chinese Co. Wants To Nix Abbott's 3D TM For Diabetes Tech

    A group of Chinese companies hit back at Abbott's claims that they copied a 3D trademark for a continuous glucose monitoring device, arguing that the product's features shouldn't be protected in the first place.

Expert Analysis

  • Determining Whether To Opt Out Of New Unified Patent Court

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    The new United Patent Court, made up of judges from all European Union member states, will cover the new unitary patent and European patents unless the owner chooses to opt out during the transition period, so patent proprietors must consider whether to opt out for each patent family, say Steffen Steininger and Anna-Katharina Friese-Okoro at Hogan Lovells.

  • 10 Things To Know About The Coming EU Unified Patent Court

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    When the Unified Patent Court opens next year, it will represent a paradigm shift for adversarial patent proceedings in Europe, and practitioners should familiarize themselves now with this new, centralized litigation system, say Fabian Koenigbauer at Ice Miller and Thomas Kronberger at Grünecker.

  • 7 Key Takeaways For Litigating Willful Patent Infringement

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    Brian Nolan and Manuel Velez at Mayer Brown explore the impact of the Federal Circuit's 2021 SRI International v. Cisco Systems decision, and six other areas recent parties have focused on when litigating willful infringement in the latest case law.

  • Trademark Ruling Brings Clarity To Product Defect Liability

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    The recent Court of Justice of the EU ruling in Fennia v. Philips, its first concerning the trademark aspect of producer liability in Article 3(1) of Directive 85/374, brings greater clarity to the question of compensation in the event of a claim for defective products, say Radboud Ribbert and Thomas van Weeren at Greenberg Traurig.

  • Appointments Shape EU Unified Patent Court Before Launch

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    A series of judiciary appointments at the EU Unified Patent Court help put the court on track for its April opening, while also reflecting a patent-friendly enforcement system, say attorneys at Baker McKenzie.

  • 5 Considerations In Preparing For EU's New Patent System

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    With the upcoming implementation of the unitary patent and Unified Patent Court, Europe gets closer to its long-term goal of one EU patent that can be enforced in one court, and non-EU patent owners and applicants will have strategic decisions to make, say Fabian Koenigbauer at Ice Miller and Thomas Kronberger at Grünecker.

  • Reexamining Negative Limitations After Novartis Patent Ruling

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    The Federal Circuit's decision and denial of rehearing in Novartis v. Accord has created exacting standards that must be met in order for negative limitations in patent claims to satisfy the written description requirement, but whether the dissent is correct that the majority opinion heightened the standard is an arguable point, say Jonathan Fitzgerald and Jaime Choi at Snell & Wilmer.

  • UK Courts' 3rd-Party Disclosure Rule Sets Global Precedent

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    The quiet change about to take place in the English Civil Procedure Rules, enabling U.K. courts to require pre-action disclosure of information from overseas third parties, is uncharted territory and will have profound implications for any organization that handles assets on behalf of a party, says Simon Bushell at Seladore Legal.

  • Zara TM Ruling Shows Prefiling Clearance Is Always Advisable

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    The recent Trade Mark Tribunal decision regarding Zara and House of Zana demonstrates the importance of conducting prefiling clearance investigations, so that where opposition may be anticipated, a strategy can be put in place, says Melanie Harvey at Birketts.

  • Dutch Merger May Promote Behavioral Remedies Across EU

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    A Dutch tribunal's recent clearing of the Sanoma-Iddink deal might further encourage merging parties in the EU to offer — and government agencies to accept — behavioral remedies, which was rarer when more emphasis was put on divestments, says Robert Hardy at Greenberg Traurig.

  • How Will UK Address AI Patent Infringement?

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    As artificial intelligence-related patent litigation activity inevitably approaches, a review of U.K. principles of direct and indirect liability offers insight into how courts may address questions involving cloud-based technology and arguments related to training AI models, say Alexander Korenberg at Kilburn & Strode and Toby Bond at Bird & Bird.

  • Law Commission's 'Data Objects' Proposal Is Far-Reaching

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    The Law Commission’s proposals to recognize data objects as a new category of personal property would bring fundamental changes were they to be implemented, and would have significant ramifications for finance litigation, say attorneys at Norton Rose.

  • UK Rulings Give Chinese Courts Wide Powers In IP Disputes

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    The recent rulings in Nokia v. Oppo and Philips v. Oppo open the door for Chinese courts to adjudicate worldwide rate-setting terms for standard-essential patents, and in so doing present a timely wake-up call as to China's influence, say F. Scott Kieff at George Washington University Law School and Thomas Grant at the University of Cambridge.

  • Swatch V. Samsung Offers IP Warning To Platform Operators

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    The recent U.K. High Court decision of Swatch v. Samsung demonstrates that while platform operators may wish to exercise greater control over the apps distributed on their platforms, this carries with it a corresponding duty to apply due diligence to protect the intellectual property rights of third parties, say Alex Borthwick and William Hillson at Powell Gilbert.

  • Opinion

    The USPTO Should Give Ukraine Even More Help

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    The U.S. Patent and Trademark office should take three direct steps to help confer upon Ukraine's patent office the same benefits it previously granted to Russia's Rospatent, in addition to the sanctions the USPTO has already conferred in response to the attack on Ukraine, say David Kappos at Cravath, Teresa Summers at Summers Law Group and Andrew Baluch at Smith Baluch.

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