IP Litigation

In a world facing significant challenges, the importance of human creativity and innovation cannot be overstated. As highlighted by the UN’s Sustainable Development Goals (SDGs), we need to find solutions to problems ranging from climate change and diminishing natural resources to widespread inequality and health crises. We need “to re-think how we live, work and… Read more »

We’re pleased to announce that AA Thornton IP LLP is shortlisted in three categories at the Managing IP Awards 2024. We also congratulate our partner Mike Jennings for his nomination as Patent Practitioner of the Year. Our firm is recognised for: UK Patent Disputes UK Trade Mark Disputes UK Patent Practitioner of the Year –… Read more »

In the recent appeals in the case of (1) Lidl Great Britain Limited and (2) Lidl Stiftung & Co KG v (1) Tesco Stores Limited and (2) Tesco plc [2024] EWCA Civ 262, the Court of Appeal has ruled in relation to Tesco’s appeal against the first instance findings that its Clubcard Prices logo infringed… Read more »

In an appeal decision handed down on 26 January 2024 in Iconix Luxembourg Holdings Sarl v (1) Dream Pairs Europe Inc and (2) Top Glory Trading Group Inc [2024] EWCA Civ 29, the Court of Appeal has ruled that when considering post-sale confusion consideration should be given as to how trade marks or potentially infringing… Read more »

As a firm, we have recently seen an increase in the number of entrepreneurs whose product listings on e-commerce platforms like Amazon or eBay have been removed due to takedown requests alleging intellectual property infringements. As specialists in intellectual property law, we are used to dealing with situations where the question of infringement is not… Read more »

Exposure to high litigation costs can prevent small and medium-sized enterprises (SMEs) and individual inventors from accessing the legal system. Significantly, the costs associated with proceedings in the Patents Court typically start at £1 million, often escalating to between £1.5 and £2 million in small to medium-sized patent disputes[1].   Cap on Patent Litigation Costs… Read more »

In the recent case of Vodafone v IPCom [2023] EWCA Civ 113 the Court of Appeal ruled that it would not re-visit a costs order of nearly £1 million following the European Patent Office (“EPO”) subsequently revoking the patent which underpinned the original action. This case highlights the importance of parties to litigation (and their… Read more »

At the end of 2022 the EUIPO Board of Appeal annulled the 2019 decision to revoke McDonald’s BIG MAC mark and allowed the mark to remain on the register (Case R534/2019-4). Background to the case Supermac’s is a popular Irish chain of restaurants dating back to 1978. In 2017, Supermac’s Holdings Ltd (Supermac’s) filed two… 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 »

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 »