Intellectual Property UK

  • July 24, 2024

    Danone Unit Can't Quash Rival's Cancer Treatment Patent

    A supplements business has overcome a Danone subsidiary's challenge to its patent over a fish oil-based cancer treatment, convincing an appeals board that its description of the medicine is detailed enough to merit protections.

  • July 24, 2024

    Moncler Blocks 'Moncollier' EU TM Bid Amid Confusion Risk

    The owner of a jewelry boutique cannot get a trademark for her "Moncollier" logo because its similarity with luxury outerwear maker Moncler's branding could cause confusion among consumers, European Union officials have ruled.

  • July 23, 2024

    Animal Farm, 1984 TMs Can Cover Political Fiction, EU Rules

    European intellectual property officials have ruled that the trademark registration for George Orwell's dystopian novels "Animal Farm" and "1984" can include a host of books and media categories, so long as they fall under the genre of political fiction.

  • July 23, 2024

    L'Or Pulls 'Coffee' From Rival's TM

    The Netherlands-based company behind the L'Or coffee brand has convinced U.K. intellectual property officials to trim key trademark protections for "coffee" and "retailing ... of coffee" from rival Café D'Or's name.

  • July 23, 2024

    UPC Chucks Meril's Bid To Nix Edwards' Heart Valve Patent

    Edwards has survived Meril's latest challenge over its heart valve patent protections in Europe, convincing the Unified Patent Court that the device's hexagonal "honeycomb" structure is an inventive step over earlier designs.

  • July 23, 2024

    Skin Care Biz Can't Get 'Jet Lag' TM Over Implied Fatigue Fix

    A skin care business failed to register its "Jet Lag" trademark for cosmetics in the European Union after an appeals board found the expression implies goods with the label would be specifically formulated to deal with the physical effects of travel-related fatigue.

  • July 23, 2024

    'Grilloumi' TM Exploits Halloumi Name, Cheesemakers Say

    Cypriot halloumi producers fought on Tuesday to stop a Swedish cheesemaker from registering "Grilloumi" and "Grilloumaki" trademarks, telling a court that the business was taking unfair advantage of the halloumi name.

  • July 22, 2024

    Royalty Co. Wins Bid To Confirm Award Against Utopia Music

    A New York federal judge has granted a petition by the former owners of artist royalties company Lyric Financial LLC to confirm an arbitral award against Lyric's buyers, Utopia Music Holdings (US) Inc. and its Swiss parent, Utopia Music AG.

  • July 22, 2024

    Light Therapy Biz Denies Retailer's Claim Over Mask IP

    A light therapy tech manufacturer has denied a businesswoman's claim over the design rights for an LED mask and bib, telling a London court that their retailing deal did not give her the right to register the designs and market them herself.

  • July 22, 2024

    'Crowded' Polo Apparel Market Blunts TM Appeal, Court Rules

    A London appellate court ruled Monday that the "crowded market" of polo-themed trademarks was relevant in finding that trademarks for the clothing brand Beverly Hills Polo Club's logo were not distinctive.

  • July 22, 2024

    Exec Says EasyGroup's New Case Voided Confidentiality

    A U.K. business owner told a London court that the confidentiality agreement easyGroup accused him of flouting when he contacted a journalist is no longer valid because of another claim the group brought against him.

  • July 22, 2024

    UKIPO Hub Offers Guidance On Standard Essential Patents

    The U.K. Intellectual Property Office on Monday launched a new "one-stop shop" resource hub for businesses seeking guidance on standard essential patents.

  • July 22, 2024

    Women In Law Seek Ethical AI Adoption Amid Bias Concerns

    Female lawyers are concerned that common biases are seeping into artificial intelligence tools and do not believe that new technology is being adopted with everyone in mind, a survey published on Monday suggests.

  • July 19, 2024

    Procter & Gamble Beats Henkel's Cleaner Patent Challenge

    Procter & Gamble can keep its patent over a hard surface cleaner because its odor-masking tech is inventive over earlier products, European officials held in a decision published Friday.

  • July 19, 2024

    Swedish Tobacco Maker Loses Snus Pouch Patent

    Swedish Match North has lost a patent for tobacco packaged in a pouch after European officials ruled that the oral product contains just one distinct feature, which skilled inventors would eventually have made.

  • July 19, 2024

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

    This past week in London has seen a libel clash between comedian Paul Currie and the Soho Theatre Company over allegations of anti-semitism, technology giant Huawei face a patents claim by Mediatek, Westfield Europe pursue action against Clearpay Finance for contract breaches and tour operating company Carnival hit chartered airline Maleth Aero for significant flight delays. Here, Law360 looks at these and other new claims in the U.K.

  • July 19, 2024

    TomTom Gets Rival's Vehicle Navigation Patent Revoked

    TomTom has persuaded European officials to revoke its rival's patent over a head-up navigation display after proving that the technology is not inventive amid a lack of "technical character."

  • July 19, 2024

    AI Invention Not Eligible For IP Protection, Appeals Court Says

    A London appeals court ruled Friday that there is nothing about a company's AI invention that differentiates it from a typical computer program under U.K. law, meaning that it cannot be protected by a patent.

  • July 18, 2024

    Microsoft Told AI Development Tool Too Unclear For Patent

    Microsoft cannot get a patent over its method of building "conversational" artificial intelligence tools because the invention is not clear enough for a skilled person to understand, European officials held in a decision published Thursday.

  • July 18, 2024

    US Polo Association Loses EU TM Over All Goods

    European officials nixed a U.S. Polo Association trademark after ruling that the association hadn't actually used the sign to sell any of the eyeglasses or rugs it was registered for, handing a win to an Italian rival.

  • July 18, 2024

    Royal Mail Denies Holding Monopoly Over UK Address Data

    Royal Mail has denied a software developer's claim that it holds a monopoly over the market for updating U.K. addresses, arguing the service is not a distinct product to hold a dominant position in.

  • July 18, 2024

    Turkish Olive Co. Loses Bid For 'Komili' TM At EUIPO

    A Turkish olive supplier cannot protect its "Komili" logo with a trademark because consumers could confuse the sign with an existing olive company's Komili trademark, European Union officials have ruled.

  • July 18, 2024

    Thom Browne Denies Competing With Adidas In Stripe Fight

    Thom Browne told a court on Thursday that he did not use a four-stripe design on sportswear to compete with Adidas as he gave evidence in the trial of a multi-jurisdictional trademark dispute over the designs used by the two brands.

  • July 17, 2024

    UK Debuts Streamlined Digital Patent Service

    The U.K.'s Intellectual Property Office said Tuesday that patent firm Murgitroyd has successfully filed the first patent application with the authority's new digital patent portal as part of the scheme's six-month pilot.

  • July 17, 2024

    Italian Designer's Historic 'Belfe' TM Saved On Appeal

    A European court upheld a historic Italian sportswear company's "Belfe" trademark Wednesday, finding there was ample proof that it had used the mark to sell thousands of clothing items despite a rival's claim the brand hadn't been using it.

Expert Analysis

  • Use Or Lose It: European TM Ruling Stresses 'Genuine Use'

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    The European Union General Court recently dismissed an action to revoke trademark protections for a lack of use in Sta Grupa v. EU Intellectual Property Office, offering significant insight into the intricacies of assessing evidence of genuine use in revocation actions, says Sumi Nadarajah at FRKelly.

  • 1 Year At The UPC: Implications For Transatlantic Disputes

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    In its first year, the Unified Patent Court has issued important decisions on procedures like provisional measures, but complexities remain when it comes to coordinating proceedings across jurisdictions like the U.S. due to differences in timelines and discovery practices, say attorneys at McDermott.

  • Trends, Tips From 7 Years Of EPO Antibody Patent Appeals

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    Recent years of European Patent Office decisions reveal some surprising differences between appeals involving therapeutic antibody patents and those for other technologies, offering useful insight into this developing area of European case law for future antibody patent applicants, say Alex Epstein and Jane Evenson at CMS.

  • Companies Trading In The EU Should Heed Mondelēz Ruling

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    The European Commission’s recent €337.5 million fine of Mondelēz is the latest decision targeting restrictions on EU cross-border trade, and serves as a warning to companies active in the region to check their contracts and practices for illegal restraints, and to perform audits to ensure compliance, says Matthew Hall at McGuireWoods.

  • 4 Takeaways From Biotech Patent Invalidity Ruling

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    The recent Patents Court decision in litigation between Advanced Cell Diagnostics and Molecular Instruments offers noteworthy commentary on issues related to experiments done in the ordinary course of business, joint importation, common general knowledge and mindset, and mosaicking for anticipation, say Nessa Khandaker and Darren Jiron at Finnegan.

  • How Life Science Companies Are Approaching UPC Opt-Outs

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    A look at recent data shows that one year after its launch, the European Union's Unified Patent Court is still seeing a high rate of opt-outs, including from large U.S.-based life science companies wary of this unpredictable court — and there are reasons this strategy should largely remain the same, say Sanjay Murthy and Christopher Tuinenga at McAndrews Held.

  • Lego Ruling Builds Understanding Of Design Exam Process

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    In Lego v. Guangdong Loongon, the European Union Intellectual Property Office recently invalidated a registered design for a toy figure, offering an illustrative guide to assessing the individual character of a design in relation to a preexisting design, says Christoph Moeller at Mewburn Ellis.

  • Protecting Trade Secrets In US, EU Gov't Agency Submissions

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    Attorneys at Mintz compare U.S. and European Union trade secret laws, and how proprietary information in confidential submissions to the U.S. Food and Drug Administration and the European Medicines Agency is protected in the face of third-party information requests under government transparency laws.

  • The Unified Patent Court: What We Learned In Year 1

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    ​​​​​​​The Unified Patent Court celebrated its first anniversary this month, and while questions remain as we wait for the first decisions on the merits, a multitude of decisions and orders regarding provisional measures and procedural aspects have provided valuable insights already, says Antje Brambrink at Finnegan.

  • F1 Driver AI Case Sheds Light On Winning Tactics In IP Suits

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    A German court recently awarded damages to former F1 driver Michael Schumacher's family in an artificial intelligence dispute over the unlicensed use of his image, illustrating how athletes are using the law to protect their brands, and setting a precedent in other AI-generated image rights cases, William Bowyer at Lawrence Stephens.

  • Cos. Increasingly Must Protect And Manage Intangible Assets

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    As investors increasingly reward companies for their institutional knowledge and intellectual capital, there is a growing urgency for organizations — especially their chief legal officers — to identify, protect and fully realize the value of intangible assets, says Paul Garland at Deloitte.

  • EU's AI Act: Pitfalls And Opportunities For Data Collectors

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    The European Union’s new Artificial Intelligence Act entails explicit requirements and limitations throughout the AI value chain that might affect firms directly or indirectly dealing with AI development, such as data-as-a-service companies and web scraping providers, says Denas Grybauskas at Oxylabs.

  • Potential EPO Reproducibility Ruling May Affect IP Strategies

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    A potential European Patent Office decision in referral G1/23, concerning the reproducibility criteria for patenting commercial products, may affect how disclosures are assessed as prior art and could influence how companies weigh protecting innovations as trade secrets versus patents, says Michael Stott at Mathys & Squire.

  • Tips For Companies Tapping Into Commercial Cleantech

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    A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.

  • 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.

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