Intellectual Property UK

  • April 24, 2024

    Klarna Trims Down Basque Bank's European Logo TM

    Buy-now, pay-later giant Klarna has won its fight to restrict trademark registration for a Spanish bank's logo, blocking protection in a myriad of categories ranging from laundry detergent to musical instruments.

  • April 24, 2024

    EU Geographic IP Rules Promoting Sustainability To Launch In May

    New rules for geographical indications covering agricultural products, wines and spirit drinks in the European Union will kick in on May 13, part of the bloc's plan to boost uptake of the niche intellectual property right.

  • April 24, 2024

    Labcorp Prevails Over Software Biz TM Challenge In EU

    Labcorp has cleared its path to a trademark over its name in the European Union after a court ruled Wednesday that a German software business can't halt the application based on its earlier "labcore" signs that it has not sufficiently used in recent years.

  • April 24, 2024

    Panasonic Denies 'Illegitimate Pressure' In 4G Patent Fight

    Panasonic told a London court Wednesday that a bid by rival Xiaomi to have the Japanese giant's litigation accusing it of infringing standard essential wireless patents in other European courts thrown out is "dead in the water," saying its overseas claims against the company are legitimate.

  • April 24, 2024

    Monster Energy Can't Get Descriptive 'Flavor Unleashed' TM

    Monster Energy's "Flavor Unleashed" logo is not distinctive enough for a European Union trademark because it simply describes the characteristics of the drinks it appears on, an intellectual property appeals panel in the bloc said Wednesday.

  • April 24, 2024

    Marine Tech Co. Fights MoD Unit's 'Inflated' $90M Claim

    A South Korean marine navigation business that misused a Ministry of Defence agency's data to make its own products has hit back at the agency's claim for as much as $90 million, alleging it includes jacked-up figures and miscalculations.

  • April 24, 2024

    IP Firm Can't Take Bid To Block Clients' Case To Top Court

    Britain's highest court has rejected a final attempt by Marks & Clerk LLP to block thousands of former clients from bringing a bribery class action over alleged secret commission payments, ruling that the law firm did not put forward any arguable legal challenges that justified an appeal.

  • April 23, 2024

    Advertising Biz Can't Avoid Liability For Billboard Tech IP

    A London appeals court ruled Tuesday that a sports advertising company's digital billboard displays did not analyze pixels in a different enough way to overturn a finding that it infringed a rival's patent for the moving displays.

  • April 23, 2024

    Biotech Gets Rival's DNA-Detection Patents Invalidated

    A London court nixed two DNA sequence detection patents Tuesday, ruling that information available before they were protected would have prompted skilled scientists to make the invention eventually.

  • April 23, 2024

    Novartis Wins TM Fight After Trade Services Linked To Retail

    Altamedics has lost a bid to register a trademark for its name after European officials ruled that buyers would think its products came from Novartis, which had already registered the "Alta" brand for similar pharmaceutical goods.

  • April 23, 2024

    Panasonic Accused Of 'Illegitimate Pressure' In Patent Fight

    Chinese electronics giant Xiaomi asked a London court on Tuesday to prevent Panasonic from suing it in overseas jurisdictions amid a patent dispute, arguing that its Japanese rival is using the threat of injunctions to put pressure on it to accept a licensing deal.

  • April 23, 2024

    Pfizer Says Moderna MRNA Patent Offers Nothing New

    Pfizer urged a London court on Tuesday to revoke one of Moderna's patents for the mRNA vaccine, kicking off the U.K. arm of the global litigation campaign over the central intellectual property behind the COVID-19 jabs.

  • April 22, 2024

    Pfizer, Moderna Set To Tee Off Over COVID-19 Vaccine Patents

    A London court is poised to consider Tuesday whether Pfizer infringed patents that Moderna initially pledged to not enforce, marking the first time a court has weighed in on the topic.

  • April 22, 2024

    Abbott Says Rival Can Make Diabetes Tech Without TM Shape

    An Abbott Laboratories unit is defending a 3D trademark it owns over its continuous glucose monitoring devices, arguing that it is the only company offering a device in that distinctive circular shape despite Sinocare Inc. and other rivals' arguments to the contrary.

  • April 22, 2024

    EUIPO Sets Out New Policies For TMs With Morality Woes

    The European Union Intellectual Property Office said Friday it has begun the three-month roll-out for new rules governing morality principles in trademark registration, marking the first time the EU has taken a harmonized approach to the subject.

  • April 22, 2024

    Sandoz Gets Jazz's Cancer Treatment Patent Nixed

    Jazz Pharmaceuticals has lost a patent for fat-based drug preparations to treat cancer after European officials ruled that it wasn't innovative.

  • April 22, 2024

    HR Software Giant Can Fight On To Register 'Standout' TM

    American software giant ADP will have a second chance to attempt to register the word "standout" as a trademark in the European Union, even though the bloc's intellectual property authority decided that the mark failed to meet basic trademark requirements.

  • April 22, 2024

    Kirkland-Led Blackstone Bids $1.2B For Music Biz Hipgnosis

    Private equity firm Blackstone has tabled an enhanced $1.2 billion bid for U.K. music royalties investment company Hipgnosis, countering an offer from U.S. royalties firm Concord Chorus.

  • April 19, 2024

    Royal Mail Accuses Developer Of Copying Postcode Database

    Royal Mail has accused a software developer of using its database of postcode information to set up its own address-finding company.

  • April 19, 2024

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

    This past week in London has seen U.K. holiday resort chain Butlins target Aviva and a huddle of insurers, Meta and WhatsApp tackle a patents claim by telecommunications company Semitel, an ongoing construction dispute between Essex County Council and Balfour Beatty, and Formycon AG hit a pharmaceutical company for infringing medical products. Here, Law360 looks at these and other new claims in the U.K.

  • April 19, 2024

    UKIPO Halts Takeoff For Admin-Based Aircraft Docking Patent

    An engineering company cannot protect its aircraft docking invention with a U.K. patent because it is an administrative activity which is outside the realms of patentability, the nation's Intellectual Property Office has ruled.

  • April 19, 2024

    'Oktoberfest' Too Descriptive For Munich To Get TM

    The city of Munich has failed to revive its "Oktoberfest" trademark protections over beer glasses and clothing after a European Union appeals panel ruled that the sign is too descriptive of the festival-inspired style of the goods.

  • April 19, 2024

    5 Questions For Taylor Wessing's Roland Mallinson

    Roland Mallinson had dreamed as a child of becoming an architect, but a teacher set him on a different course, steering him toward the path of civil engineering before he eventually became an intellectual property lawyer.

  • April 18, 2024

    Patent Court Edges Closer To Transparency With Ocado Decision

    The Unified Patent Court gave an early signal this month about its willingness to make proceedings transparent by agreeing to let an outside lawyer see pleadings in a high-profile case, but some lawyers warned that the court had not gone far enough to guarantee openness at the new court.

  • April 18, 2024

    Ericsson Can't Push Lenovo's FRAND Claim Out Of UK

    Swedish telecom Ericsson has failed to force Lenovo's claim over patent licensing terms out of the U.K., as a London judge on Thursday concluded that the English courts are "clearly the most appropriate" forum for the Chinese multinational's case.

Expert Analysis

  • Global Issues In EU's Licensing Plans For Essential Patents

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    Consultants at Analysis Group explore questions surrounding the recently announced EU licensing framework for standard-essential patents, and how the European Commission's goals may influence discussions of issues like procedure, efficiency and transparency in the U.S. and elsewhere.

  • EPO Decision Adds To Sparse Case Law On Core AI Patents

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    The recent European Patent Office Board of Appeal decision in the Sparsely connected neural network/Mitsubishi case is remarkable for its technicality, and provides rare guidance for companies on the requirements for core artificial intelligence invention patents, says Alexander Korenberg at Kilburn & Strode.

  • A Deep Dive Into EU Unified Patent Court Policy

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    Robert Sterne at Sterne Kessler offers a detailed analysis of the EU's Unified Patent Court and the unitary patent, which go live on June 1, discussing what U.S. practitioners need to know from an enforcement and freedom-to-operate perspective.

  • AI And Copyright: Tracking The Ownership Issues

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    The rise of generative AI has created copyright and ownership challenges in creative industries, but contractual agreements, intellectual property law and AI-specific regulations can be used to address these issues, says Kimiya Shams at Devialet.

  • How Ed Sheeran's Serenade May Have Swayed The Jury

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    While Ed Sheeran's performance of his hit song "Thinking Out Loud" at trial could not protect him from the subconscious copying doctrine, it may have tapped into jurors' intuitions about independent creation, winning him the copyright infringement suit over the song, says Christopher Buccafusco at Duke University School of Law.

  • An Overlooked Tool To Fight USPTO 'Restriction'

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    Over the last several years, we have seen the U.S. Patent and Trademark Office more commonly impose flimsy restrictions on patent applications under the "one invention per application" rule, and practitioners underutilize petition as a means to challenge them, say George Chaclas and Emily Ferriter Russo at Day Pitney.

  • Opinion

    AI-Generated Works Should Not Have Copyright Protection

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    The U.S. Copyright Office has correctly determined that works created solely by artificial intelligence do not qualify for protection, as granting exclusive rights to such works would be unwise for a number of reasons, says Thomas McNulty at Lando & Anastasi.

  • Examining The New UK Service Guidance For TM Proceedings

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    A new much-anticipated U.K. Intellectual Property Office practice notice affects situations where there is no valid U.K. address for service of documents in trademark and registered design proceedings, and will mean rights holders are on notice at an earlier stage of proceedings, with limited time in which to respond, says Nina O'Sullivan at Mishcon de Reya.

  • A Look At M&S' Registered Design Claim Win Against Aldi

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    Adding to the long line of cases seeking to restrain Aldi's attempts to mimic market-leading products, Marks & Spencer's recent success in the U.K. High Court based on registered designs demonstrates that supermarket copycat products may no longer be able to sail so close to the wind, says Alex Borthwick at Powell Gilbert.

  • UK Teva Ruling Brings Patent Remedy Into Question

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    Arrow declarations have been considered an extremely effective tool for patent litigators, but following the recent U.K. Court of Appeal decision in Teva v. Novartis it appears that courts are looking to take a more conservative view, say David Holt and Tony Proctor at Potter Clarkson.

  • How CJEU Case Shifts TM Liability For Platforms Like Amazon

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    The EU Court of Justice's recent ruling on Amazon's liability for trademark infringement in relation to fake Christian Louboutin shoes advertised by third parties on its website may leave web platforms that sell third-party vendors' products alongside their own brands more vulnerable to infringement claims, say Louisa Chambers and Helen Reddish at Travers Smith.

  • Europe's New Unitary Patent System Will Affect IP Agreements

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    Marco Stief at Maiwald discusses key points in intellectual property agreements that legal practitioners will need to consider in Europe's soon-to-open centralized patent court, including regional exclusivity in different contracting member states.

  • EU Medicine Reboxing Ruling Gives Guidance To Pharma Cos.

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    The recent landmark decision of the Court of Justice of the EU in Novartis Pharma on repackaging medicines has provided pharma companies with a much-needed framework, with better protections for trademarks and clearer protocols for handling imported products, say Ulf Grundmann and Elisabeth Kohoutek at King & Spalding.

  • A Look Ahead At Key UK Intellectual Property Cases

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    Anticipated 2023 U.K. intellectual property decisions include robotics, artificial intelligence, and clean energy matters that have also been heard in the U.S., while other areas to watch include global fair, reasonable and nondiscriminatory issues, as well as COVID-19 patent litigation, say Tom Oliver and Claire Robinson at Powell Gilbert.

  • Lessons That May Be Learned From The Demise Of Made.com

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    With Made.com going into administration, companies that may face similar challenges should take on board that the earlier adequate preemptive planning is considered, the more financial and legal options there will be to avoid last minute firefighting and to focus instead on strengthening the business, says Eleni Michaela at Faegre Drinker.

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