Intellectual Property UK

  • March 22, 2024

    US Manufacturer Partially Wins Appeal For 'Presto-Tap' TM

    Engineered Controls International LLC can register the trademark "Presto-Tap" over most of the services it had applied for, the U.K.'s Intellectual Property Office has concluded, ruling that a French company's "Presto" sign was stamped on very different products.

  • March 22, 2024

    Top Dutch Court Blocks Russia's Last Bid For Vodka TMs

    Former Yukos Oil Co. shareholders said Friday that the Netherlands' top court has thrown out Russia's final bid to stop their seizure of over a dozen renowned Russian vodka trademarks in an effort to enforce $50 billion in arbitral awards.

  • March 22, 2024

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

    This past week in London has seen the BBC and Wall to Wall Media hit with a passing off lawsuit by musician BOSSIIE, Poundland parent company Pepco Group file a commercial fraud claim against several mobile network giants, family law specialists Alexiou Fisher Philipps LLP start proceedings against former oil trader Michael Prest, and a transgender lawyer file a libel claim against a blogger. Here, Law360 looks at these and other new claims in the U.K.

  • March 22, 2024

    Osborne Clarke's Arty Rajendra On The Future Of FRAND

    Arty Rajendra of Osborne Clarke LLP was instrumental in securing a win in one of the most influential patent cases in recent memory — the U.K. Supreme Court ruling that English courts can set global licensing rates for patents deemed essential to European telecoms standards.

  • March 22, 2024

    Nokia Unit Doubles Down On Amazon IP Infringement Claim

    A Nokia subsidiary has reaffirmed its claim that Amazon infringed its patents with a "household sharing" feature on its Prime Video service, telling a London court that the company is not entitled to a license over its patent portfolio.

  • March 21, 2024

    Plant-Based Meat Biz Cooks Rival In 'Meat Zero' EU TM Feud

    A Thai food company has fought off a rival's challenge to its "Meat Zero" trademark bid, with a European Union appeals panel saying in a newly public decision that there is not enough chance of confusion with a competitor's "ZeroMeat" sign.

  • March 21, 2024

    Banksy Co. Calls Instagram Post True In £1.3M Libel Case

    The company that manages anonymous street artist Banksy has defended a £1.35 million ($1.7 million) claim that he posted a defamatory Instagram post about a licensing company using his artwork on clothing without his permission, saying it was substantially true.

  • March 21, 2024

    Famed Retailer's 1930s TM Can't Stop Modern Registration

    A Slovak clothing brand has fended off attacks from the grandchildren of a famed Czechoslovakian retailer from the 1930s after a European court ruled that past prestige could not prevent the name Nehera from being registered seven decades later.

  • March 21, 2024

    Lenovo Can't Get Interim FRAND Rate For InterDigital SEPs

    Lenovo on Thursday failed to convince a London court to rule that an interim license for a suite of InterDigital telecommunications patents was fair, reasonable and non-discriminatory in the latest chapter in the two companies' global dispute over standard-essential patents.

  • March 21, 2024

    Skechers Loses 'Hands Free Fit' TM Due To Descriptive Nature

    American sneaker giant Skechers has lost a second bid for trademark protection over its "hands free fit" shoes, with the European patent authority ruling that the brand's logo is merely a description of, or an advertisement for, a feature of the product and therefore not distinguishable.

  • March 20, 2024

    Spanish Investment Co. Beats Slovak TM Opposition In EU

    A Spanish investment company has won an appeal to revive its trademark application, as European officials ruled that buyers of financial services paid a "high degree of attention" and wouldn't think that the sign was linked to a Slovak company.

  • March 20, 2024

    Digital Comms Filings Bolster Record EPO Applications

    Companies and inventors filed the highest number of European patent applications to date in 2023, buoyed by marked increases in filings for digital communications and energy technologies.

  • March 20, 2024

    EU Commission Builds 'Toolkit' To Fight Counterfeiting

    The European Commission has adopted new measures to crack down on counterfeiting aimed at strengthening intellectual property rights by increasing the sanctions for criminal offenses while also designating a single contact point for enforcement issues. 

  • March 20, 2024

    Boehringer Wins Diabetes Treatment Patent On Appeal In EU

    Boehringer Ingelheim saved its diabetes drug patent from the chopping block after a European appellate board ruled that the treatment for patients with moderately damaged kidneys was new and innovative despite eight oppositions.

  • March 20, 2024

    EU's AI Act Disclosure Rules Could Spark Further Litigation

    The European Union's new artificial intelligence law included some welcome guardrails to protect intellectual property rights. But lawyers say it remains to be seen whether these new rules will bridge the gap between concerned rights holders and AI pioneers.

  • March 20, 2024

    Wise Hits Back At Bad Faith TM Allegations From Tech Rival

    Payments firm Wise has hit back at a counterclaim from software company WithWise, urging the High Court to reject WithWise's claim that Wise's trademark is invalid because it is overbroad and being used as a legal weapon.

  • March 20, 2024

    Google Fined €250M By France For Media Copyright Breaches

    France's competition regulator said Wednesday that it has hit Google with a €250 million ($271 million) fine for using content from news agencies without alerting them or payment.

  • March 19, 2024

    Crowell & Moring Hires Allen & Overy IP Litigator In Brussels

    Crowell & Moring LLP has added a new partner to its Brussels office, strengthening its European intellectual property practice as clients increasingly seek advice to navigate rapidly changing liability regulations.

  • March 19, 2024

    Insurance Tech Biz Can't Get Policy Tracker Patent In UK

    An insurance tech firm can't get a patent over its automated policy tracker software in the U.K. because computer programs and business methods are not patentable, intellectual property officials said Tuesday.

  • March 19, 2024

    New UK Gov't Program Will Promote IP-Backed Lending

    The U.K. government said Tuesday it will launch a program to drive banks toward more lending to businesses with intellectual property that can use their patents and trademarks as collateral.

  • March 19, 2024

    Danish Medical Tech Biz Can't Dash Rival's Catheter Patent

    A medical device company can keep an amended version of its catheter insertion patent after fending off Coloplast AS' claims that the device is not inventive, a European Patent Office appeals panel has ruled.

  • March 19, 2024

    Tesco Branding Infringes Lidl TMs, Appeals Court Rules

    Tesco failed Tuesday to persuade an appeals court that its loyalty pricing scheme branding doesn't infringe trademarks for Lidl's logo, even though the justices acknowledged the lower court's decision that customers might be misled by the blue-and-yellow signage could be "surprising."

  • March 18, 2024

    AI Voice Platform Faces UK Litigation Over 'Deepfake' Songs

    The U.K.'s trade association for recorded music has threatened legal proceedings against a deepfake artificial intelligence platform, alleging that the former Voicify's collection of AI voices infringes artists' rights.

  • March 18, 2024

    UPC Shows No Sign Of Dimming UK's IP Role — Yet

    Lawyers and participants seem happy with the Unified Patent Court so far, but it has yet to move the needle on the popularity of the English courts for cross-border IP disputes — particularly after the U.K. Supreme Court set a crucial precedent.

  • March 18, 2024

    Sterlite Says Rival's Fiber-Optic Patent Is 'Mere' Co-Location

    Sterlite Technologies has hit back at Fujikura's claim that it infringed a U.K. patent for a fiber-optic cable, arguing that protection should have never been granted because it was a "mere" co-location of known features.

Expert Analysis

  • 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.

  • A Look At US Injunctive Relief Trends Amid UPC Chatter

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    While much remains to be seen regarding how the new EU Unified Patent Court will treat injunctive relief in practice, recent data shows that the U.S. framework may be turning in favor of injunction, despite a perception that it can be nearly impossible to obtain in the U.S., say Nirav Desai, Patrick Murray and Roberta Lam at Sterne Kessler.

  • Navigating Europe's New Game-Changing Unified Patent Court

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    Europe's recently opened Unified Patent Court has ushered in a new era in patent law focused on the power of provisional relief, and adapting to both broad protections and compressed timelines is essential for plaintiffs and defendants alike, say attorneys at Ropes & Gray.

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