Intellectual property

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chicago

Morgan Lewis poaches seven partner IP team from McDermott

Morgan Lewis & Bockius has nabbed a seven partner intellectual property litigation team from McDermott Will & Emery, who will be spread between three of its US offices. The IP hiring spree sees five of the new partners – Jeff Gargano, Krista Vink Venegas, Shon Lo, Hersh Mehta and Kevin Shortsle – take up residence in Morgan Lewis’s […]

Freshfields Bruckhaus Deringer

Freshfields wades into IP battleground with Arnold & Porter team hire

Freshfields Bruckhaus Deringer has joined the growing number of firms making hires in IP, making its first patent team hire since partner Justin Watts exited for WilmerHale last year. Arnold & Porter patent litigation partner Christopher Stothers is joining with a team of four lawyers made up of counsel Laura Whiting and associates Paul Abbott and Ammina […]

Hogan Lovells makes up first new global IP head in 15 years

Hogan Lovells has appointed IP partner Burkhart Goebel as its first new global head of intellectual property in 15 years, as the leadership baton moves across from Germany to Spain. Goebel, who is based in Madrid and Hamburg, will step down from his role as regional managing partner for Continental Europe to head the IP practice […]

Nicola Dagg

Kirkland strikes at A&O strategy with hire of IP head Dagg

Allen & Overy’s (A&O) international litigation expansion strategy has been dealt a heavy blow today, as Kirkland & Ellis lands the hire of global head and London IP star Nicola Dagg. This is the first IP litigation hire for Kirkland in London, and Dagg is expected to help service Kirkland’s existing US clients and bolster […]

Analysis

Featured Briefings

Owners can prevent de-branded parallel imports

By Charlie Bond and John Coldham The CJEU has held that the proprietor of a mark may take action against parallel importers of their products who remove all signs identical to their mark and replace them with other signs, without the consent of the trademark owner and with a view to importing and trading the products […]

PepsiCo Inc’s trademark opposition

Sarah Williams explains the IPO decision in a recent trademark dispute involving Pepsi. This article was first published in the June 2018 issue of the CITMA Review, the journal of the Chartered Institute of Trade Mark Attorneys (CITMA). For more information on CITMA, please visit citma.org.uk…

Intellectual property post Brexit: the UK’s proposals

By Jo Pritchard In July 2018 the government published its White Paper on the future relationship between the UK and the EU. The proposals aim to deliver a balance between seizing the opportunities of global trade and respecting the deeply integrated EU supply chains which have developed over the last 40 years. Only a limited number of […]

Isn’t Kit­Kat everyone’s favourite four­finger chocolate bar?

By Gary Assim Apparently not, according to the European Court of Justice (ECJ) today which made an important ruling with regards to Kit Kat’s famous shape. It said that in order for Nestle, the chocolate bar’s owner, to retain its trade mark for the shape (that is the four long bars on a rectangular base), […]

A losing battle: The legal saga of KitKat’s trademark shape

By Relja Mirkov On 25 July, the European Court of Justice threw out an appeal by Nestlé, which argued that it owns the shape of its famous treat KitKat. Nestlé, the world’s largest food and beverage company, had spent more than a decade fighting to trademark the four­fingered wafer shape. However, EJC’s most recent ruling could […]

EU trade mark of four finger KitKat shape

By Alice Stagg and John Coldham The Court of Justice of the European Union yesterday issued its judgment in relation to Swiss chocolate giant Nestlé’s EU trade mark for the shape of its KitKat chocolate bar. In upholding the decision of the General Court, the CJEU held that, in order to prove that a trade mark […]

Breaking point for KitKat

KitKats may have been helping people take breaks since 1935, but the European Court of Appeal would not give Nestlé a break as they refused to register as a trademark the 3D shape of the chocolate bar. The arguably iconic four-fingered shape of the KitKat underpins their tear and snap ad campaigns which have seen […]

Russia’s enduring love for fake luxury and legal action to take

By David Aylen and Elizaveta Osipchuk When reputable social media platforms are involved, rights holders should contact the social media company first and ask it to remove the account. Fortunately, such companies usually collaborate with brand owners as much as possible and take swift measures to block infringing content (usually within three to five days). However, […]

Priority rights in Turkish law

According to the Industrial Property Law, which entered into force on 10 January 2017, an enterprise of goods or services ensure distinguishing from or service goods other undertakings and brand owners to ensure protection of the subject it is turned on and including the names of persons, provided that shown on the register can provide […]

Industrial strategy: government proposals to use IP to stimulate innovation

By Jo Pritchard The government has recently published the outcome of its consultation on maximising the incentives of the IP (intellectual property) system to stimulate collaborative innovation and licensing opportunities. The call for views was one of a number of initiatives on IP announced by the government as part of its Industrial Strategy in November 2017.   Views […]

Russian patents: Rospatent fee-based extradited examination

By Maria Aronikova On October 5 2017 the Russian Patent and Trademark Office (Rospatent) officially announced that expedited examination will be available for all applications. Rospatent had abrogated its former expedited examination practice in 2012. Since then, patent law has allowed accelerated examination through the Patent Prosecution Highway (PPH) system…

Glasgow Rangers Football Club enters legal battle with Sports Direct

By Stephen Keogh Just weeks before the new Scottish football season commences, Glasgow Rangers Football Club (“Rangers”) finds itself prevented by Mike Ashley’s Sports Direct Group from selling new replica football jerseys. This is not the first time the parties have fallen out over merchandising rights…

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