IP Litigation

McDonald’s are Lovin’ It with EUIPO Board of Appeal Decision Win

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 »

M&S Gin Win

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 »

Why is Diligent Due Diligence Important?

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 »

When is a Cat not a Cat? When it’s a Caterpillar. Or a Tigercat. Or is it?

Author: Dan Byrne   Tigercat International Inc. (“Tigercat”) and Caterpillar Inc. (“Caterpillar”) have been in conflict in numerous countries around the world due to conflict arising between Tigercat’s name and Caterpillar Inc’s commonly used abbreviation “Cat”. Most recently, a dispute in the EU IPO has resulted in Tigercat losing an opposition for its application for… Read more »

This time next year we’ll be millionaires? … Only Fools and Horses ruling establishes copyright in characters.

In the recent case of Shazam v Only Fools The Dining Experience and Others [2022] EWHC 1379 (IPEC) the IPEC ruled that copyright could subsist in a fictional character considered a ‘literary work’ under UK copyright law. The case concerned the character Derek ‘Del Boy’ Trotter from the long-running TV series Only Fools and Horses… Read more »

Ed Sheeran Granted Declaration of Non-Infringement in “Shape of You” copyright case

Ed Sheeran Granted Declaration of Non-Infringement in “Shape of You” copyright case Ed Sheeran has successfully defended a claim for copyright infringement for his song “Shape of You” and was granted a declaration of non-infringement of copyright (Sheeran v Chokri [2022] EWHC 827 (CH)).   Background The song “Shape of You”, which Ed Sheeran co-wrote… Read more »

A.A. Thornton & Co conversion to AA Thornton IP LLP

A.A. Thornton & Co conversion to AA Thornton IP LLP We are delighted to share that, on 1 April 2022, A.A. Thornton & Co (“the Partnership”) converted from a partnership, under the Partnership Act 1890, to AA Thornton IP LLP (“the LLP”).   What this means for us Limited liability partnerships are a favoured structure amongst… Read more »

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