News

“The important thing is not to stop questioning. Curiosity has its own reason for existing. One cannot help but be in awe when one contemplates the mysteries of eternity, of life, of the marvellous structure of reality.”—Albert Einstein Einstein echoes a sentiment shared by much of humankind—that wonder is an experience to be cherished, and… Read more »

In one of the first legal cases to assess how trade mark law will apply to digital images protected by non-fungible tokens (“NFTs”), a New York jury has found that the MetaBirkin images produced by Mason Rothschild infringe the trade mark rights of Hermès in its Birkin bag. Artist Mason Rothschild created images of a… Read more »

The UK IPO has issued the first Tribunal Practice Notice (TPN) of 2023, which brings together previous guidance regarding costs in trade mark, patent and design tribunal proceedings and updates the scale of costs. Scale of costs The UK IPO Tribunal will continue to award costs in proceedings in line with the published scale. The… Read more »

In the recent case of Marks and Spencer PLC v Aldi Stores Limited [2023] EWHC 178 (IPEC) (the latest instalment of disputes between the two supermarkets), the IPEC ruled that Aldi had infringed M&S’ registered design rights in respect of the bottle used for their line of festive gin-liqueurs (pictured below). Background After this litigious… Read more »

Back in April 2018, the UK IPO introduced additional claims fees of £20 for each claim of a UK patent application over 25. Prior to this change, a UK patent application or patent could have any number of claims without incurring additional official fees. Canada has now become one of the latest countries to introduce… Read more »

As Trade Mark Attorneys, one of the questions we are asked on an almost daily basis is whether new marks are registrable. As UK IPO practice is forever evolving, it can be helpful to conduct regular reviews of the kinds of marks being refused by the UK IPO. In the latest instalment of our seasonal… Read more »

The UK IPO has just announced a change in its practice on the service of inter partes proceedings. This change affects parties who do not have a UK address for service, and is likely to be most relevant in relation to International applications that designate the UK. This update comprises a summary of the most… Read more »

Louise Foster and Anastasia Osipovich discuss recent cases around unconventional 3D and 2D fashion trade marks and the role that evidence plays in such cases. It is no surprise that securing registered protection for the aesthetic appearance and external elements of fashion items is highly desirable for brand owners, especially given that such protection can… Read more »

The problem of plastics polluting the planet’s rivers and oceans is well known. The use of plastics, particularly single use plastics, has been reduced in recent years, but plastic materials are still finding their way into the water.  Plastic waste that reaches a river or canal is likely, eventually, to flow into the ocean. Once… Read more »

Background The main value of many technology merger or acquisition deals may not lie in tangible property like buildings or stock inventory. Often the value lies in intellectual property (IP), and patents in particular. It is common practice for companies to monitor the R&D activities of others, particularly smaller innovators.  This is done with a… Read more »