Unjustified threats of registered design infringement in bed linen case on eBay
T&A Textiles and Hosiery Ltd v Hala Textiles UK Ltd, Intellectual Property Enterprise Court T&A has lost its claim for copyright infringement, and Hala has succeeded in its claim for...
View ArticleECJ confirms information from a collection that is utilised for financial...
Freistaat Bayern v Verlag Esterbauer GmbH, European Court of Justice European Union law protects the investment in collecting independent works, data or other materials arranged in a systematic or...
View ArticleA tenuous link? Patent holders set to lose out as High Court demands link to...
Idenix Pharmaceutical, Inc v Gilead Sciences, Inc, High Court The High Court has concluded that if a patented set of compounds cannot show a plausible link with the technical contribution claimed in...
View ArticleCRISTAL clear judgment as similar sparkling wine loses its fizz
Champagne Louis Roederer v J Garcia Carrion SA, High Court Roederer sold a premium range of champagne under its “CRISTAL” UK and European Community Trade Marks. It had a reputation with wine...
View ArticleGame over for commonplace games box shape
Rosian Express SRL v OHIM, EU General Court OHIM refused to register a European Community Trade Mark that consisted of a rectangular games box with a system of sliding racks for assembly and...
View ArticleNo smiles as 3D smiling face rejected as trade mark for food
The Smiley Company v OHIM, EU General Court In another decision of the European Union General Court rejecting a trade mark application for lack of distinctiveness this month, a three-dimensional sign...
View ArticleNOURISHING PERSONAL HEALTH lacks distinctiveness
Société des produits Nestlé v OHIM, EU General Court The European Union General Court has upheld a decision by OHIM to refuse an application to register “NOURISHING PERSONAL HEALTH” as a registered...
View ArticleItaly becomes 26th EU Member State to sign up to the Unitary Patent
Italy has become the 26th Member State out of 28 in the European Union to sign up to the Unitary Patent. When it finally becomes law, the Unitary Patent system will provide for people to obtain patent...
View ArticleGoogle and Microsoft settle differences in patent wars
Technology giants Google and Microsoft have announced that they have settled their complex patent differences and concluded all current patent infringement litigation between them. They have agreed to...
View ArticleIPO announces new online design right filing service
The Intellectual Property Office has announced a new service for filing for design rights online. The beta service allows single designs to be filed. It became available from 30 September and was a...
View ArticleSquabbling adult education charities sent to naughty corner by judge over...
NOCN v Open College Network Credit4Learning, Intellectual Property Enterprise Court NOCN held registered trade marks for OCN and a swoosh logo. It claimed that the defendant had infringed its marks and...
View ArticleRice not nice for trade mark based on extended passing off for BASMATI
Tilda Riceland Private Ltd v OHIM, EU General Court In yet another trade mark case concerning food this month, the European Union General Court has ruled against a registered European Community Trade...
View ArticleNot so good for chocolate trade mark
August Storck AG v OHIM, EU General Court Hot on the heels of Nestlé’s trade mark battle with Cadbury over protecting the shape of its Kit Kat bars, another chocolate trade mark case has made its way...
View ArticleLuxury handbag dispute at 10 paces as Yves Saint Laurent prevails in long...
H&M Hennes & Mauritz BV & Co. KG v OHIM, General Court of the European Union Yves Saint Laurent has prevailed in a longstanding battle with H&M, the retailer, over a dispute for...
View ArticleAll Nestlé wants is to have a break in Kit Kat shape trade mark case
Société des Produits Nestlé SA v Cadbury UK, European Court of Justice It is not all sweetness in the confectionery industry as chocolate manufacturing heavyweights, Nestlé and Cadbury, have continued...
View ArticleNightclub owner gets 28 day suspended sentence for playing music without...
Phonographic Performance Ltd v Fletcher, High Court The High Court has ruled that a nightclub owner should receive a 28 day prison sentence for failing to have an appropriate licence and pay the...
View ArticleAnti-piracy police attain dramatic drop in advertising on copyright...
The City of London Police’s Intellectual Property Crime Unit has reported a 73% fall in advertising from the UK’s top ad spending organisations on copyright infringing websites since it started a...
View ArticleThe Unitary Patent Package edges closer
The move towards a European Unitary Patent Package progresses slowly. The UK Intellectual Property Office has recently announced that the preparations for the UK’s ratification of the Unified Patent...
View ArticleCommissioner took equitable ownership of copyright in designed logos even...
Atelier Eight Two Ltd v Kilnworx Climbing Centre CIC, Intellectual Property Enterprise Court Kilnworx ran a climbing centre and commissioned a design company to create some logos. This was actually...
View ArticleGovernment consults on increasing online penalty for copyright infringement...
The Government is consulting on plans to increase the maximum custodial sentence for copyright infringement carried out online from two years to 10 years. This would bring the penalty in line with the...
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