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In March, MPs backed legislation for the plain packaging of cigarettes. Health campaigners have welcomed the news; tobacco companies have not.
Contrasting decisions involving applications for registrations of the respective marks GREEN SMOKE and GREENWORLD are instructive in highlighting registry approaches to the concept of distinctiveness.
Boeing recently filed a patent application related to the 3D printing of replacement aircraft parts – just one of an increasing number of filings related to 3D printing.
A round-up of cases including Nissan Jidosha KK v OHIM and OHIM, Opposition No B 2 340 704, eBay Inc v Omnicom International Holdings Inc.
Walker Morris has successfully acted for an applicant for invalidity in respect of the registered mark SOLAFIELDS.
The French Supreme Court has rejected an appeal by magazine owners against a decision of the Paris Court of Appeal that it could not claim infringement of marks MATCH and PARIS MATCH by the dating website Match.com.
A practice note has been published to address concerns that parties to hearings before the registrar are filing large volumes of irrelevant or unnecessary evidence...
Copyright protection for ’artistic’ replica products is to be extended.
Trademarks: registry review download
A round-up of cases including: Husky CZ sro v OHIM; Red Bull GmbH v OHIM; Environmental Marketing Ltd v OHIM; and Facebook Inc v Collector Consulting.
Mr Justice Birss has refused an application by the defendant in patent proceedings to re-open the trial and to permit it to amend its pleadings to plead new prior art.
A claim cannot be brought if the threat is not “groundless”.
Article 4(2) of the Information Society Directive provides that the exclusive distribution right of a copyright owner shall not be exhausted within the EU, in respect of the original or copies of the work.
IP: designs and ‘complex products’ download
A design applied to or incorporated in a component part of a complex product is considered to be new and to have individual character only if the component part remains visible during normal use.
When logos are created, the artwork is automatically protected by copyright and under English law the designer is the copyright owner even if the work is commissioned.
A recent High Court decision has clarified the different tests for infringement of copyright and UK unregistered design right.
The claimant owned five UK and Community trademarks, all featuring the word ‘supreme’ in respect of animal foodstuffs.
The case concerned the sale by Topshop of T-shirts bearing an image of the popstar Rihanna.
Design right infringement in gilets download
In DKH Retail Ltd v H Young (Operations) Ltd, the Intellectual Property Enterprise Court (the IPEC) had to determine whether an Animal-branded hooded gilet infringed Superdry’s unregistered design right.
Ice cream vans may not be an obvious inspiration for intellectual property litigation but they were the focus of the recent High Court judgment in Whitby Specialist Vehicles Ltd v Yorkshire Specialist Vehicles Ltd.
Database right and former employees download
Medical Innovations Ltd v Eakins was a summary judgment application in litigation between an employee and his former employer.