Intellectual Property UK

  • May 22, 2024

    Mars Beats Nestlé In Fight Over Loaf-Preserving Patent

    Mars Inc. has won its fight to invalidate a patent owned by Nestlé for preserving the freshness of food products as a European appeals board concluded that the invention was too obvious.

  • May 21, 2024

    Charity Gets 'K' TM Despite Rival's 'K' For Similar Services

    A charity in Blackpool fended off a mental health company's bid to knock out its trademark after British officials ruled that their "K" letter marks were "strikingly different" despite covering identical services.

  • May 21, 2024

    Vacuum Co. Gets Partial TM Win Over 'Predator Gutter' Name

    A vacuum cleaning manufacturer can register a trademark for "Predator Gutter Vacuum" for management assistance services, but not for vacuum cleaning goods or repair services, the United Kingdom Intellectual Property Office has ruled.

  • May 21, 2024

    Yorkshire Cheese Co. Melts Challenge To 'Labneh' TM

    A cheese manufacturer run by two Syrian refugees in northern England has beaten a challenge from a food wholesaler to its "Labneh" trademark, after officials ruled the wholesaler could not prove it had used its marks in the U.K. market.

  • May 21, 2024

    'Makeup For Your Moment' TM Too Promotional, EUIPO Finds

    An appellate board at the European Intellectual Property Office has refused a U.S. cosmetic brand trademark registration for its slogan "Makeup For Your Moment," agreeing with an earlier ruling that the phrase is too self-aggrandizing.

  • May 21, 2024

    Mitsubishi Beats Siemens' European Turbine Patent Challenge

    Siemens cannot void a Mitsubishi unit's patent protections over a gas turbine blade design after failing to prove that the design is not new or inventive, an appeals panel ruled in a decision published Tuesday.

  • May 20, 2024

    Elle Magazine Loses Challenge To Menopause Supplement TM

    Fashion magazine Elle has lost its bid to challenge a supplements company's trademark on its Flavoxelle logo, as Europe's intellectual property authority found there is not enough similarity between the two words or logos to confuse any customers.

  • May 20, 2024

    L'Occitane Blocks Model From Registering Skin Care TM

    L'Occitane has defeated an Italian model's bid to register her "Arboria Skin Care" trademark, with the appeals arm of a European Union intellectual property authority agreeing that the mark could be confused with the French cosmetics company's own "Erborian" brand.

  • May 20, 2024

    EU's Top Court Asked To Weigh HP, Dell Dutch Streaming Row

    Netherlands' top court has asked the European Union's top judicial authority for help in determining if offline copies of streaming content were private copies as HP and Dell fight to avoid fees on their devices to compensate rightsholders.

  • May 20, 2024

    Pharma Cos. Drop Appeal At Top Dutch Court

    The Dutch Supreme Court has rejected a Greek drugmaker's challenge to a decision banning it from marketing its cancer drug outside of Greece after infringing one of Novartis' patents, with the two rivals agreeing the challenge should be dropped.

  • May 20, 2024

    Moderna Fends Off Pfizer's MRNA Patent Challenge

    Moderna has successfully defended a key patent underpinning its COVID-19 vaccine, after rivals Pfizer and BioNTech attempted to convince the European Patent Office that the IP protections should be nixed.

  • May 20, 2024

    Crypto 'Inventor' Used Court As Vehicle For Fraud, Judge Says

    A London court ruled Monday that the man who claimed to be Satoshi Nakamoto in a weekslong trial lied extensively and committed forgery "on a grand scale," finding that the computer scientist had used the courts as a "vehicle for fraud."

  • May 17, 2024

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

    This past week in London has seen a wave of claims filed against Verity Trustees Ltd., Harley-Davidson hit retailer Next with an intellectual property claim, Turkish e-commerce entrepreneur Demet Mutlu sue her ex-husband and Trendyol co-founder Evren Üçok and the Solicitors Regulation Authority file a claim against the former boss of collapsed law firm Axiom. Here, Law360 looks at these and other new claims in the U.K.

  • May 17, 2024

    Red Bull Fends Off 'Gives You Wings' TM Challenge

    Red Bull has beaten a challenge to its "Gives You Wings" trademark after the energy drink giant convinced an appellate panel at the European Union Intellectual Property Office that it had genuinely used the trademark to promote the beverage.

  • May 17, 2024

    Drinks Biz Pours Cold Water On Winemaker's 'Pinea' TM Bid

    A Spanish mineral water company has persuaded an appeals panel to block a winemaker from registering its "Pinea" trademark in the European Union, proving that consumers could confuse the logo with its earlier "Pineo" sign.

  • May 17, 2024

    Lufthansa Unit Loses Latest R+, AirPlus EU Trademark Battle

    A Lufthansa unit cannot block a financial consultancy's "R+ Cash Lab" trademark bid based on its set of "AirPlus" trademarks because consumers are unlikely to confuse the two brands despite their sounding similar, a European Union appeals panel has ruled.

  • May 17, 2024

    German Sugar Biz Beats Sinusitis Patent Challenge At EPO

    A German sugar giant has claimed victory in an appeal against a challenge to its patents for the use of a plant fiber to prevent sinusitis, as the board found that the inventions of the challengers differed significantly from its own.

  • May 16, 2024

    Cybercompany Gen Digital Partially Fends Off 'Gen' TM Attack

    Cybersoftware firm Gen Digital partially fought off an attack on its trademark "Gen," but lost the ability to register it for several services after British officials ruled that consumers might overlook the number at the end of tech company Gen25's mark and get confused.

  • May 16, 2024

    Bayer Fights To Overturn Xarelto Blood Thinner Patent Loss

    Pharma giant Bayer AG took its fight against a slew of generic-drug makers to keep its patent over its blockbuster drug Xarelto to the Court of Appeal on Thursday, saying the lower court was wrong to nix the patent and that it does contain an important inventive step.

  • May 16, 2024

    Luxury Sunglasses Co. Beats 'Akoni' EU TM Challenge

    A Swiss luxury sunglasses company has fought off a jeweler's challenge to its "Akoni" trademark, persuading a European Union appeals panel that consumers would not confuse the sign with its opponent's earlier "Ascoli" branding.

  • May 16, 2024

    TM Liability Ruling A 'Get Out Of Jail Free Card' For Execs

    A ruling by Britain's highest court puts the burden on brand owners to prove that executives at the company knew about any alleged trademark infringement from their business to be sued. This landmark ruling is likely to impede brand owners who are looking to enforce their intellectual property.

  • May 16, 2024

    Recordati Adds New Head Of IP From Zentiva

    Recordati has hired a U.S. lawyer with a decade of experience working in-house at pharma giants Sandoz and Zentiva to take on a newly created role as group head IP counsel. 

  • May 16, 2024

    Romanian Pharma Co. Beats Rival For Cough Syrup TM

    A Romanian pharmaceutical company has fought off a rival's bid to get its cough syrup trademark scrapped by European Union intellectual property officials.

  • May 16, 2024

    EUIPO Didn't Deny Fair Hearing To TM Opponent, Court Says

    An industrial technology company has survived a challenge to its "UC" trademark hopes as an opponent failed to persuade a European Union court that officials had failed to handle his case fairly in earlier proceedings.

  • May 15, 2024

    Justices Mull What Defines A Computer In AI Appeal

    A London appeals court grappled Wednesday with what exactly constitutes a "computer" under patent law, as counsel for an AI company attempted to convince the courts to let be a ruling that held its AI invention is neither a computer nor a program, and therefore patentable.

Expert Analysis

  • UPC Appeal Ruling Clarifies Language Change Framework

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    In 10x Genomics v. Curio Bioscience, the Unified Patent Court recently allowed proceedings to be conducted in English, rather than German, shedding light on the framework on UPC language change applications and hopefully helping prevent future disputes, say Conor McLaughlin and Nina O'Sullivan at Mishcon de Reya.

  • UK Trademark Law May Further Diverge From EU Standards

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    The recently enacted Retained EU Law Act, which removes the principle of EU law supremacy, offers a path for U.K. trademark law to distance itself even further from EU precedent — beyond the existing differences between the two trademark examination processes, say David Kemp and Michael Shaw at Marks & Clerk.

  • How Clinical Trials Affect Patentability In US And Europe

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    A comparison of recent U.S. and European patent decisions — concerning the effect of disclosures in clinical trials on the patentability of products — offers guidance on good practice for companies dealing with public use issues and prior art documents in these commercially important jurisdictions, say lawyers at Finnegan.

  • Breaking Down The EPO's Revised Practice Guidelines

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    The European Patent Office's updated guidelines for examination recently took effect and include significant changes related to the priority right presumption, the concept of plausibility and artificial intelligence, providing invaluable insight on obtaining patents from the office, say lawyers at Finnegan.

  • UK Amazon Ruling Spotlights TM Rights In International Sales

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    Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.

  • Comparing The UK And EU Approaches To AI Regulation

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    While there are significant points of convergence between the recently published U.K. approach to artificial intelligence regulation and the EU AI Act, there is also notable divergence between them, and it appears that the U.K. will remain a less regulatory environment for AI in the foreseeable future, say lawyers at Steptoe.

  • Design Rights Can Build IP Protection, EU Lego Ruling Shows

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    The EU General Court's recent ruling in Delta Sport v. EU Intellectual Property Office — that Lego's registered community design for a building block was valid — helps clarify when technically dictated designs can enjoy IP protection, and demonstrates how companies can strategically use design rights to protect and enhance their market position, says Christoph Moeller at Mewburn Ellis.

  • ECJ Ruling Clarifies Lawyer Independence Questions

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    The European Court of Justice's recent ruling in Bonnanwalt v. EU Intellectual Property Office, finding that a law firm had maintained independence despite being owned by its client, serves as a pivotal reference point to understanding the contours of legal representation before EU courts, say James Tumbridge and Benedict Sharrock-Harris at Venner Shipley.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Patent Plausibility Uncertainty Persists, EPO Petition Shows

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    While a recent petition for review at the European Patent Office — maintaining that the Board of Appeal misapplied the Enlarged Board of Appeal's order on whether a patent is "plausible" — highlights the continued uncertainty surrounding the plausibility concept, the outcome could provide useful guidance on the interpretation of orders, say lawyers at Finnegan.

  • UMG-TikTok IP Rift Highlights Effective Rights Control Issues

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    Despite Universal Music Group's recent withdrawal of TikTok's licensing rights to its music catalog, the platform struggles to control uploads and reproductions of copyrighted material, highlighting the inherent tension between creative freedom and effective rights control in the age of social media, says Simon Goodbody at Bray & Krais.

  • Bribery Class Action Ruling May Revive Bifurcated Processes

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    The Court of Appeal's recent decision allowing the representative bribery action in Commission Recovery v. Marks & Clerk offers renewed hope for claimants to advance class claims using a bifurcated process amid its general absence as of late, say Jon Gale and Justin Browne at Ashurst.

  • Ocado Appeal Outcome Will Gauge UPC Transparency

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    As the sole Unified Patent Court case concerning third-party requests for court records, the forthcoming appeal decision in Ocado v. Autostore will hopefully set out a clear and consistent way to handle reasoned requests, as access to nonconfidential documents will surely lead to more efficient conduct of proceedings, says Tom Brazier at EIP.

  • Businesses Using AI Face Novel Privacy, Cybersecurity Risks

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    Rapid advancements in artificial intelligence are resulting in complex privacy and cybersecurity challenges for businesses, and with the forthcoming EU AI Act and enhancement of existing laws to ensure a high common level of security, key stakeholders should be empowered to manage associated risks, say lawyers at Goodwin.

  • Following The Road Map Toward Quantum Security

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    With the Financial Conduct Authority’s recent publication of a white paper on a quantum-secure financial sector, firms should begin to consider the quantum transition early — before the process is driven by regulatory obligations — with the goal of developing a cybersecurity architecture that is agile while also allowing for quantum security, say lawyers at Cleary.

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