IP Strategy & Audits

Trade mark rights IN THE RED! Automotive team member, Rachel Havard considers the CJEU’s recent judgement on genuine use of Ferrari’s TESTAROSSA trade mark.   The concept of “use it or lose it” We all probably need a bit of nostalgia in our lives, more than we ever did, and brand names/trade marks play a… Read more »

Brexit burn-out for the EUIPO Torpedo An often important element of the strategic considerations relating to claims in the UK for infringement of a registered EU right is due to be removed on 1 January 2021.   The Torpedo Article 132 of the EUTMR[1] states that EU trade mark courts shall stay an action for… Read more »

AA Thornton’s Mike Jennings provides an update on videoconference at the EPO and joins the EPO, UKIPO and USPTO in inviting industry comments on the recent IP office consultations   The era of public consultations In the last 3 years, several intellectual property offices have invited the global IP community to express our views on… Read more »

It’s the Most Wonderful Mark of the Year: legal protection and use of seasonal slogan marks  Every year we wait with anticipation for the new John Lewis advert and the famous Coca Cola trucks to finally deliver the message that the holidays are coming! To the consumer seasonal adverts mean that businesses will be soon… Read more »

Retail team member Sarah Neil reviews the problem of online trade mark infringement and the options for combating third party copycats online You may have seen the recent story of Little Soap Co and its battle against a scammer who set up an Instagram account cloning the company’s genuine Instagram account in an effort to… Read more »

Anti-counterfeiting: A Global Guide 2020 This article first appeared in Anti-counterfeiting: A Global Guide 2020, a supplement to World Trademark Review, published by Law Business Research – IP Division. To view the guide in full, please go to www.WorldTrademarkReview.com. For a further year, Senior Associates Louise Foster, Trade Mark Attorney and  Varuni Parantivatine, Solicitor, have… Read more »

Appeals to the Appointed Person in the UK – the unappealing truth This article was first published on the IPKat Blog   The odds are not good.  In the first two months of 2020 there have been 21 published decisions from the Appointed Person in the UK – that compares with just over 40 in… Read more »

Legal update – UK IPO coronavirus response In recognition of the challenges individuals and businesses are facing amidst the coronavirus outbreak, the UK Intellectual Property Office (UK IPO) has made certain temporary adjustments to its practices, to ensure that parties are not adversely affected in their dealings with the Office. It has also had to… Read more »

In a recent High Court decision, Red Bull has successfully brought infringement proceedings against Big Horn following its offer of energy drinks for sale under a similar get up to the well-known Red Bull products. Retail team member Sarah Neil reports on the decision In a recent decision of the High Court, Red Bull has… Read more »

The challenges of Artificial Intelligence in the field of IP The benefits of AI technology are varied and could truly have potential to revolutionise many aspects of life, including within the world of IP, but the introduction of AI technology also poses a number of challenges within the IP industry which are likely to need… Read more »