Intellectual Property UK

  • April 26, 2024

    Coca-Cola Chews Up Greek Rival's 'Tsakiris' Snack TM

    A Coca-Cola subsidiary defeated a rival that wanted to register the trademark "Tsakiris" to sell cereal snacks, after a European court ruled that it would take unfair advantage of the soft drink giant's reputation in Greek potato chips.

  • April 26, 2024

    Billboard Biz Gets OK To Fight To Opt Back Into UPC System

    Billboard advertising firm Aim Sport can have another chance to challenge a ruling by the Unified Patents Court, which held that its decision to opt out of Europe's umbrella patents court system is permanent and cannot be revoked, the UPC ruled Friday.

  • April 26, 2024

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

    This past week in London has seen budget airline Ryanair file a claim against NATS PLC after the air traffic controller's system collapsed, Mastercard and Visa Europe face group claims from Christian Dior and dozens of other beauty retailers, an intellectual property clash between the publisher of The Sun and ITV, and ISC Europe sue a former director for alleged money laundering. Here, Law360 looks at these and other new claims in the U.K.

  • April 26, 2024

    Luxury Streetwear Brand Off-White Can't Block 'On White' TM

    Luxury streetwear brand Off White has failed to convince the U.K.'s intellectual property authority to block a toothpaste brand from registering its "On White" trademark, with the regulator finding that there was no likelihood that the public would confuse the two logos.

  • April 25, 2024

    Game Cheat Tools Don't Infringe Copyright, EU Advocate Says

    Third-party video game cheating software should not infringe game creators' copyright in the European Union if it only manipulates a gamer's input rather than the game's code itself, a legal adviser to the bloc's top court said Thursday amid Sony's dispute with a British gaming business.

  • April 25, 2024

    TM Applicants Must Prove Lost Reputation, EU Court Rules

    A European court said Wednesday that a trademark's reputation can be "progressively" lost over time, ruling that companies must prove another trademark's reputation has fully dwindled in order to register a similar mark in a dispute over an LVMH-owned perfume brand.

  • April 25, 2024

    Pharma R&D Biz Set To Exit London Market

    Pharmaceutical development specialist C4X Discovery Holdings PLC is set to delist from the London Stock Exchange on Friday, as it looks to go private to raise more funds amid concerns about the regulatory "burden" linked to its junior market.

  • April 25, 2024

    Jim Beam Loses TM Dispute Over 'Pinnacle' Name

    American distiller Jim Beam failed to block a trademark for "Pinnacle Gin" because a similarly branded vodka company it owns isn't on the market in the U.K.

  • April 25, 2024

    Wachtell Steers Perrigo In €275M Unit Sale To Pharma Biz

    Healthcare company Perrigo said Thursday that it has agreed to sell its pharmaceutical division for rare diseases to pharmaceutical company Esteve Healthcare SL for €275 million ($295 million) in a deal guided by Wachtell Lipton Rosen & Katz and Clifford Chance LLP.

  • April 25, 2024

    Zara's Reputation Not Enough To Block 'Zarzar' TM

    Zara's owner has lost its bid to stop a U.K. trademark for "Zarzar" after the U.K. Intellectual Property Office found that any link between the high-street fashion giant and a company offering modeling services would be "fleeting and tenuous."

  • April 25, 2024

    German Pharma Biz Blocks Italian Cosmetics TM

    A European court has overturned a decision that allowed Italian cosmetic dermatology brand Pherla Medical to register a trademark for its name, ruling that the logo was too similar to that of German pharmaceuticals company Verla-Pharm Arzneimittel.

  • April 25, 2024

    Hipgnosis Ditches Blackstone Bid For Concord's $1.5B Offer

    Hipgnosis Songs has accepted a revised offer from its U.S. competitor Concord Chorus to buy the music rights investor for $1.5 billion, ditching Blackstone's $1.2 billion offer just days after accepting the private equity giant's deal.

  • April 24, 2024

    Ex-Yukos Oil Shareholders To Auction Russian Vodka Brands

    The Benelux rights to trademarks for 18 Russian vodka brands, including Stolichnaya and Moskovskaya, will go to auction in June in the Netherlands, the former shareholders of Yukos Oil Co. said Wednesday as they sought to enforce arbitral awards now valued at $60 billion.

  • April 24, 2024

    Klarna Trims Down Basque Bank's European Logo TM

    Buy-now, pay-later giant Klarna has won its fight to restrict trademark registration for a Spanish bank's logo, blocking protection in a myriad of categories ranging from laundry detergent to musical instruments.

  • April 24, 2024

    EU Geographic IP Rules Promoting Sustainability To Launch In May

    New rules for geographical indications covering agricultural products, wines and spirit drinks in the European Union will kick in on May 13, part of the bloc's plan to boost uptake of the niche intellectual property right.

  • April 24, 2024

    Labcorp Prevails Over Software Biz TM Challenge In EU

    Labcorp has cleared its path to a trademark over its name in the European Union after a court ruled Wednesday that a German software business can't halt the application based on its earlier "labcore" signs that it has not sufficiently used in recent years.

  • April 24, 2024

    Panasonic Denies 'Illegitimate Pressure' In 4G Patent Fight

    Panasonic told a London court Wednesday that a bid by rival Xiaomi to have the Japanese giant's litigation accusing it of infringing standard essential wireless patents in other European courts thrown out is "dead in the water," saying its overseas claims against the company are legitimate.

  • April 24, 2024

    Monster Energy Can't Get Descriptive 'Flavor Unleashed' TM

    Monster Energy's "Flavor Unleashed" logo is not distinctive enough for a European Union trademark because it simply describes the characteristics of the drinks it appears on, an intellectual property appeals panel in the bloc said Wednesday.

  • April 24, 2024

    Marine Tech Co. Fights MoD Unit's 'Inflated' $90M Claim

    A South Korean marine navigation business that misused a Ministry of Defence agency's data to make its own products has hit back at the agency's claim for as much as $90 million, alleging it includes jacked-up figures and miscalculations.

  • April 24, 2024

    IP Firm Can't Take Bid To Block Clients' Case To Top Court

    Britain's highest court has rejected a final attempt by Marks & Clerk LLP to block thousands of former clients from bringing a bribery class action over alleged secret commission payments, ruling that the law firm did not put forward any arguable legal challenges that justified an appeal.

  • April 23, 2024

    Advertising Biz Can't Avoid Liability For Billboard Tech IP

    A London appeals court ruled Tuesday that a sports advertising company's digital billboard displays did not analyze pixels in a different enough way to overturn a finding that it infringed a rival's patent for the moving displays.

  • April 23, 2024

    Biotech Gets Rival's DNA-Detection Patents Invalidated

    A London court nixed two DNA sequence detection patents Tuesday, ruling that information available before they were protected would have prompted skilled scientists to make the invention eventually.

  • April 23, 2024

    Novartis Wins TM Fight After Trade Services Linked To Retail

    Altamedics has lost a bid to register a trademark for its name after European officials ruled that buyers would think its products came from Novartis, which had already registered the "Alta" brand for similar pharmaceutical goods.

  • April 23, 2024

    Panasonic Accused Of 'Illegitimate Pressure' In Patent Fight

    Chinese electronics giant Xiaomi asked a London court on Tuesday to prevent Panasonic from suing it in overseas jurisdictions amid a patent dispute, arguing that its Japanese rival is using the threat of injunctions to put pressure on it to accept a licensing deal.

  • April 23, 2024

    Pfizer Says Moderna MRNA Patent Offers Nothing New

    Pfizer urged a London court on Tuesday to revoke one of Moderna's patents for the mRNA vaccine, kicking off the U.K. arm of the global litigation campaign over the central intellectual property behind the COVID-19 jabs.

Expert Analysis

  • Global Issues In EU's Licensing Plans For Essential Patents

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    Consultants at Analysis Group explore questions surrounding the recently announced EU licensing framework for standard-essential patents, and how the European Commission's goals may influence discussions of issues like procedure, efficiency and transparency in the U.S. and elsewhere.

  • EPO Decision Adds To Sparse Case Law On Core AI Patents

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    The recent European Patent Office Board of Appeal decision in the Sparsely connected neural network/Mitsubishi case is remarkable for its technicality, and provides rare guidance for companies on the requirements for core artificial intelligence invention patents, says Alexander Korenberg at Kilburn & Strode.

  • A Deep Dive Into EU Unified Patent Court Policy

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    Robert Sterne at Sterne Kessler offers a detailed analysis of the EU's Unified Patent Court and the unitary patent, which go live on June 1, discussing what U.S. practitioners need to know from an enforcement and freedom-to-operate perspective.

  • AI And Copyright: Tracking The Ownership Issues

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    The rise of generative AI has created copyright and ownership challenges in creative industries, but contractual agreements, intellectual property law and AI-specific regulations can be used to address these issues, says Kimiya Shams at Devialet.

  • How Ed Sheeran's Serenade May Have Swayed The Jury

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    While Ed Sheeran's performance of his hit song "Thinking Out Loud" at trial could not protect him from the subconscious copying doctrine, it may have tapped into jurors' intuitions about independent creation, winning him the copyright infringement suit over the song, says Christopher Buccafusco at Duke University School of Law.

  • An Overlooked Tool To Fight USPTO 'Restriction'

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    Over the last several years, we have seen the U.S. Patent and Trademark Office more commonly impose flimsy restrictions on patent applications under the "one invention per application" rule, and practitioners underutilize petition as a means to challenge them, say George Chaclas and Emily Ferriter Russo at Day Pitney.

  • Opinion

    AI-Generated Works Should Not Have Copyright Protection

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    The U.S. Copyright Office has correctly determined that works created solely by artificial intelligence do not qualify for protection, as granting exclusive rights to such works would be unwise for a number of reasons, says Thomas McNulty at Lando & Anastasi.

  • Examining The New UK Service Guidance For TM Proceedings

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    A new much-anticipated U.K. Intellectual Property Office practice notice affects situations where there is no valid U.K. address for service of documents in trademark and registered design proceedings, and will mean rights holders are on notice at an earlier stage of proceedings, with limited time in which to respond, says Nina O'Sullivan at Mishcon de Reya.

  • A Look At M&S' Registered Design Claim Win Against Aldi

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    Adding to the long line of cases seeking to restrain Aldi's attempts to mimic market-leading products, Marks & Spencer's recent success in the U.K. High Court based on registered designs demonstrates that supermarket copycat products may no longer be able to sail so close to the wind, says Alex Borthwick at Powell Gilbert.

  • UK Teva Ruling Brings Patent Remedy Into Question

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    Arrow declarations have been considered an extremely effective tool for patent litigators, but following the recent U.K. Court of Appeal decision in Teva v. Novartis it appears that courts are looking to take a more conservative view, say David Holt and Tony Proctor at Potter Clarkson.

  • How CJEU Case Shifts TM Liability For Platforms Like Amazon

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    The EU Court of Justice's recent ruling on Amazon's liability for trademark infringement in relation to fake Christian Louboutin shoes advertised by third parties on its website may leave web platforms that sell third-party vendors' products alongside their own brands more vulnerable to infringement claims, say Louisa Chambers and Helen Reddish at Travers Smith.

  • Europe's New Unitary Patent System Will Affect IP Agreements

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    Marco Stief at Maiwald discusses key points in intellectual property agreements that legal practitioners will need to consider in Europe's soon-to-open centralized patent court, including regional exclusivity in different contracting member states.

  • EU Medicine Reboxing Ruling Gives Guidance To Pharma Cos.

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    The recent landmark decision of the Court of Justice of the EU in Novartis Pharma on repackaging medicines has provided pharma companies with a much-needed framework, with better protections for trademarks and clearer protocols for handling imported products, say Ulf Grundmann and Elisabeth Kohoutek at King & Spalding.

  • A Look Ahead At Key UK Intellectual Property Cases

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    Anticipated 2023 U.K. intellectual property decisions include robotics, artificial intelligence, and clean energy matters that have also been heard in the U.S., while other areas to watch include global fair, reasonable and nondiscriminatory issues, as well as COVID-19 patent litigation, say Tom Oliver and Claire Robinson at Powell Gilbert.

  • Lessons That May Be Learned From The Demise Of Made.com

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    With Made.com going into administration, companies that may face similar challenges should take on board that the earlier adequate preemptive planning is considered, the more financial and legal options there will be to avoid last minute firefighting and to focus instead on strengthening the business, says Eleni Michaela at Faegre Drinker.

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