Intellectual Property UK

  • February 27, 2024

    Moderna COVID Patent Case To Set Tone For Future Litigation

    A legal battle between rival developers of COVID-19 jabs over the technology underlying the vaccine could set the tone for future litigation, with intellectual property lawyers expecting a pledge made by Moderna at the height of the pandemic to dominate proceedings.

  • February 27, 2024

    Skullcandy Gets 'Numskull' TM Narrowed At UK IP Office

    Skullcandy Inc. has persuaded U.K. intellectual property officials to cut a merchandise producer's protections under its "numskull" trademark application, proving that the sign takes unfair advantage of the audio specialist's reputation.

  • February 27, 2024

    Game Developer Accuses Rival Of Copying Mobile Game

    A French mobile game developer has accused a rival of infringing U.K. copyrights for its racing game app Pocket Champs to piggyback off its success.

  • February 26, 2024

    UK Photog Drops Copyright Claims Against Cannabis Co.

    A photographer who accused a cannabis licensing firm of using his image of the Empire State Building to push sales without his say-so has quietly dropped his copyright suit in New York federal court.

  • February 26, 2024

    French Media Giant Can't Kill '+Music' TM

    French media giant Canal+ failed to stop the registration of the trademark "+music," when European intellectual property officials ruled that consumers would not confuse it with the TV brand for a majority of registered goods.

  • February 26, 2024

    Temu Accuses Shein Of Scaring Suppliers Away

    Temu has accused Shein of trying to subvert its operations through anti-competitive behaviors, claiming that its ultra-fast fashion rival has cornered suppliers and inundated it with "baseless notices" to disrupt U.K. sales.

  • February 26, 2024

    Cancer Drug Patent Obvious From Earlier Study, EPO Rules

    A pharmaceutical company has lost its cancer drug patent after the European Patent Office ruled that it was not inventive due to a previous study of the same treatment.

  • February 26, 2024

    A&O Hires Patent Litigator From Bristows

    Allen & Overy LLP announced on Monday that it has recruited a specialist in patent litigation from Bristows LLP ahead of its merger with Shearman & Sterling LLP.

  • February 26, 2024

    Keep It Secret Or Safe? AI Developers Face Hard Choice On IP

    Companies developing generative artificial intelligence models will have to decide whether to keep their innovations under wraps as the technology explodes in popularity — or whether stronger patent protections are worth the risk to publicize their product, experts say.

  • February 26, 2024

    Dental Software Biz Bites Back In Infringement, Fraud Claim

    A dental software company has hit back against allegations of copyright infringement from a rival, saying the other business is seeking to intimidate it and only wants to cause commercial damage to a competitor.

  • February 23, 2024

    Toyota Engine Patent Stalls At EPO For Lack Of Inventive Step

    Toyota has lost protections over its exhaust heat recovery system after an emissions specialist showed that the Japanese automotive giant's engine tech lacked an inventive step, the European Patent Office said Friday.

  • February 23, 2024

    'Dry January' Campaign Launcher Can't Trademark Name

    A British nonprofit organization has failed to register a trademark for "Dry January," after the country's intellectual property officials ruled that it simply described non-alcoholic drinks and had become too widely used to become exclusive.

  • February 23, 2024

    EasyGroup Hits Dead End In 'EasyTaxi' TM Battle

    EasyGroup Ltd. has lost its fight to keep a trademark for "easyTaxi" after a European Union intellectual property authority concluded that the brand is merely descriptive and "devoid of distinctive character."

  • February 23, 2024

    Philips Patent Gets Brushed Off On Appeal

    Philips has failed to patent a method for tracking the movement of a toothbrush inside the mouth after European officials ruled that the amendments proposed by the Dutch electronics giant extended beyond its original application against the rules.

  • February 23, 2024

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

    This past week in London has seen Tesco target competing retailer Lidl with a copyright claim as they battle in the Court of Appeal over the design of Tesco’s Clubcard, the directors of a taxi business sue the creator of an AI route mapping app for professional negligence, Global Aerospace Underwriting Managers tackle an aviation claim by an Irish investment company, and Robert Bull hit with a general commercial contracts claim by Hancock Finance.

  • February 23, 2024

    Fox Williams Beats £30M Game Show IP Negligence Claim

    Fox Williams won its bid Friday to strike out a media company's case that the law firm bungled its game show copyright claim and caused it to lose out on £30 million ($38 million), as a court ruled that the claim was "hopeless."

  • February 23, 2024

    Big Brands Face Do-Or-Die Decision On Russian TMs

    The Russian government has broadly upheld the intellectual property rights of foreign companies since international brands pulled out of the market, but the clock is ticking for cancelation proceedings if they don't get back to business in the next year, experts warn.

  • February 22, 2024

    HD Hyundai Loses TM Appeal Over Abstract Rival Sign

    An American company can register an "abstract" trademark after European intellectual property officials ruled that it was not similar to HD Hyundai's earlier marks, as consumers would only see vertical bars rather than a word.

  • February 22, 2024

    Sony Loses Bid To Stop Hendrix Bandmates' Copyright Trial

    Sony Music lost another attempt on Thursday to avoid facing a copyright challenge in England over music royalties from Jimi Hendrix's band, with a London judge saying the estates of his bandmates have an arguable case over IP rights for music streaming services.

  • February 22, 2024

    Britvic Sues Slushie Machine Biz Over Tango Ice Blast TM

    Soft drinks giant Britvic has sued a U.K. slushie machine business for allegedly infringing the copyright for its Tango Ice Blast drinks by mimicking the branding for its own drinks machines.

  • February 22, 2024

    Cypriot Companies Can't Halt Halloumi Registration

    A group of cheese-makers have failed to prevent the registration of "Halloumi" as a protected designation of origin, with a European court ruling that the application did not depart from previous national standards about its ingredients.

  • February 22, 2024

    4 Questions For Bird & Bird IP Partner Sally Shorthose

    Sally Shorthose, an intellectual property lawyer with Bird & Bird LLP, says that between Brexit and the emergence of artificial intelligence we are living in “a period of almost unprecedented change in IP law.” Shorthose tells Law360 what attracted her to work in the life sciences sector and IP law and discusses the biggest trends she has seen throughout her career.

  • February 22, 2024

    L'Oréal Scrubs Out Rival's 'Libre' TM Appeal At EU Court

    L'Oréal has persuaded a European Union court to throw out a competitor's latest attempt to register its "La Crème Libre" trademark, with the court ruling that consumers could confuse it with the French cosmetic giant's own "libre" sign.

  • February 21, 2024

    Lidl Tackles 'Bad Faith' TM Claims In Tesco Clubcard Spat

    Counsel for Lidl argued on Wednesday that a London court was wrong to rule that the German retailer had registered a trademark for a wordless variant of its logo in bad faith, as intellectual property lawyers await further guidance from the U.K.'s top court.

  • February 21, 2024

    End Of The Line For Cable-Laying Machine Patent Dispute

    A European patent board has revoked an Italian infrastructure company's protections for a cable-laying machine, concluding that it was obvious and others would have eventually figured out how to make it.

Expert Analysis

  • 6 Ways To Guide Applications Under New Patent Classification

    Author Photo

    Intellectual property practitioners can navigate the recently implemented Cooperative Patent Classification system to direct applications to specific prior art units within the U.S. Patent and Trademark Office, avoid especially difficult units, and improve clients' portfolios in newly emerging technologies, say Roberta Young and Brian Michaelis at Seyfarth.

  • Mitigating User Content Risk After EU Copyright Directive

    Author Photo

    As the deadline approaches for member states to implement the European Union’s new copyright directive, which will hold certain online content service providers liable for copyright infringement pertaining to user-uploaded content, companies should have risk-mitigation strategies in place, say attorneys at MoFo.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

    Author Photo

    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • ITC Seems Unlikely To Stay Investigations For Parallel IPRs

    Author Photo

    The U.S. International Trade Commission's recent order denying Ocado's attempt to stay a dispute with AutoStore pending resolution of its inter partes review petitions signals that an ITC complainant's patents are effectively shielded from IPR challenges, at least under current Patent Trial and Appeal Board practice, say attorneys at Reichman Jorgensen.

  • A Framework For Evaluating Willingness Of FRAND Licensees

    Author Photo

    As an increasing number of standard-essential patent cases turn on whether a manufacturer is willing to pay a fair, reasonable and nondiscriminatory royalty for SEPs, Jorge Contreras at the University of Utah identifies conduct that typically indicates willingness or unwillingness, as well as conduct that should be viewed as indeterminate.

  • Opinion

    US Should Learn From German Courts Balancing SEP Rights

    Author Photo

    The German high court's recent decision in Sisvel v. Haier set a productive tone in balancing the rights of patentees and implementers in standard-essential patent disputes, and its understanding of negotiation realities should be followed by the U.S., say Cravath's David Kappos, former U.S. Patent and Trademark Office director, and Daniel Etcovitch.

  • Examining EPO's Strict Approach To AI Patent Disclosure

    Author Photo

    Because a recent decision by the European Patent Office Boards of Appeal takes a potentially problematic strict approach to disclosure requirements for machine learning-related patent applications, U.S. applicants filing in the EU should disclose several specific data training sets, says Ronny Amirsehhi at Clifford Chance.

  • ITC Dispute May Lead To PTAB Litigation Strategy Shifts

    Author Photo

    A pending motion to stay the dispute between AutoStore and Ocado at the U.S. International Trade Commission highlights competing timelines of the ITC and Patent Trial and Appeal Board, and has the potential to reshape the typical forum selection strategies for patentees and defense tactics for challengers, say attorneys at Reichman Jorgensen.

  • Opinion

    US Courts Should Adjudicate FRAND Rates On A Global Basis

    Author Photo

    Following the U.K. Supreme Court's recent Unwired Planet v. Huawei decision, U.S. courts should analyze compliance with contracts on fair, reasonable and nondiscriminatory terms by assessing them on a worldwide basis, because global licenses are the only technically and financially sound way to license standard-essential patents, say attorneys at McKool Smith.

  • UK Top Court Ruling May Be Problematic For Global SEP Suits

    Author Photo

    There are several reasons to question the wisdom of the U.K. Supreme Court's recent ruling that English judges have the power to set extraterritorial licensing royalty rates for standard-essential patents, including that it encourages forum shopping, says Thomas Cotter at the University of Minnesota Law School.

  • UK Ruling Shows Global SEP Enforcement Dilemma

    Author Photo

    The U.K. Supreme Court's recent ruling that U.K. judges have the power to set extraterritorial licensing royalty rates for standard-essential patents highlights a problem with global patent enforcement coordination and efficiency that could potentially be solved through the Patent Cooperation Treaty, says Roya Ghafele at Oxfirst.

  • Time To Reassess Your Patent Cooperation Treaty Strategy

    Author Photo

    In light of the trends outlined in the World Intellectual Property Organization's recent annual Patent Cooperation Treaty review, applicants should make decisions on which international search authority to use based on immediate cost, total cost and quality, says Karam Saab at Kilpatrick.

  • German FRAND Decision May Shape Global SEP Landscape

    Author Photo

    The German high court's recent decision that patent owner Sisvel didn't breach its fair, reasonable and nondiscriminatory patent licensing obligations by refusing to grant Haier a license represents a shift in the standard-essential patent landscape in favor of SEP holders' enforcement freedom, say Erik Puknys and Michelle Rice at Finnegan.

  • Sustainable Food Progress May Close Global Regulatory Gap

    Author Photo

    As the need for sustainable food production grows, the European sector will likely align with less stringent U.S. regulatory standards, which will further enable U.S. companies to expand globally and lead to more sophisticated intellectual property strategies in all regions, say Jane Hollywood and Fiona Carter at CMS Legal.

  • Cos. Should Assess IP, Contractual Protections For Their AI

    Author Photo

    Companies should understand the three types of intellectual property protection for safeguarding proprietary artificial intelligence — which is crucial to fighting the pandemic — as well as tools for creating protections when statutory means fall short, say Lori Bennett at Aetion and attorneys at Mayer Brown.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Intellectual Property UK archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!