Category: intellectual property

High Court clarifies ‘bad faith’ trade mark rules – Law Society’s Gazette

Posted May 1st, 2020 in EC law, intellectual property, news, references to European Court, trade marks by sally

‘Businesses will need to avoid scattergun approaches to registering trade marks following an eagerly awaited High Court ruling. In Sky plc v SkyKick UK Ltd, Lord Justice Arnold ruled that a software company had infringed a trade mark of broadcaster Sky – but strongly criticised Sky for filing trade mark applications as a weapon. IP experts said the ruling would significantly change trade mark practice.’

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Law Society's Gazette, 30th April 2020

Source: www.lawgazette.co.uk

Trade Marks and Passing Off – Planetart v Photobox – NIPC Law

Posted April 14th, 2020 in intellectual property, news, trade marks by sally

‘This was an action for trade mark infringement. passing off and invalidation of one of the defendant’s trade marks. The claimants were the Delaware company, Planetart LLC, and its English subsidiary, Planetart Ltd. Those companies offer a photo printing service called FreePrints that is best explained in the How it Works video on the home page of their website. The defendants, Photobox Ltd. and Photobox Free Prints Ltd. offer a service that is similar to the claimants’.’

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NIPC Law, 11th April 2020

Source: nipclaw.blogspot.com

Trade Mark Infringement and Passing off – Natural Instinct Ltd v Natures Menu Ltd – NIPC Law

Posted April 9th, 2020 in intellectual property, news, trade marks by sally

‘This was an action for trade mark infringement and passing off between two medium-sized enterprises. Mr David Stone sitting as an Enterprise Judge heard 9 witnesses on 13 and 14 Feb and delivered judgment on 20 March 2020. The costs that the losing party will be ordered to pay to the successful party will be capped at £50,000. It is it an example of how an intellectual property dispute should be resolved. Save that the Wood Green County Court’s jurisdiction had been limited to patents snd designs when it opened, this is probably just the sort of case that Sir Derek Oulton would have had in mind when he recommended the establishment of patents country courts in 1986.’

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NIPC Law, 8th April 2020

Source: nipclaw.blogspot.com

Bayer v NHS Darlington Appeal – NIPC Law

Posted April 8th, 2020 in appeals, intellectual property, judicial review, medical treatment, medicines, news by sally

‘This was an appeal by Bayer Plc and Novartis Pharmaceuticals UK Limited against Mrs Justice Whipple’s judgment in Bayer Plc v NHS Darlington Clinical Commissioning Groups and others : [2019] PTSR 922, [2018] WLR(D) 589, [2018] EWHC 2465 (Admin) which I blogged in Bayer Plc v NHS Darlington CCG and Others 2 Oct 2018. In her judgment, Mrs Justice Whipple dismissed applications for judicial review by Bayer and Novartis of a decision by NHS Darlington and other Clinical Commissioning Groups in Northeast England that the NHS Trusts from which they commission services should use a drug called Avastin as the preferred treatment option for an eye disease generally referred to as wet age-related macular degeneration (“WAMD”).’

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NIPC Law, 7th April 2020

Source: nipclaw.blogspot.com

Virtual case begins as court rejects trial on papers – Litigation Futures

Posted March 27th, 2020 in civil procedure rules, coronavirus, courts, delay, health, health & safety, intellectual property, live link evidence, news by sally

‘The High Court yesterday adjourned an upcoming trial, saying that the guidance on the coronavirus pandemic did not allow it to take place on the papers.’

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Litigation Futures, 26th March 2020

Source: www.litigationfutures.com

Law on hyperlinking clarified by High Court – OUT-LAW.com

Posted November 7th, 2019 in copyright, EC law, intellectual property, internet, news by sally

‘The application of copyright law to hyperlinking has been clarified by the High Court in London in a judgment that will be welcomed by rights holders, an intellectual property law expert has said.’

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OUT-LAW.com, 6th November 2019

Source: www.pinsentmasons.com

Brands can claim exclusive rights to a colour – OUT-LAW.com

Posted October 28th, 2019 in copyright, intellectual property, medicines, news by sally

‘A recent ruling shows that businesses require strong evidence from customer surveys or expert witnesses to demonstrate the link between a colour and their brand to prevent rivals using the same colour to market their products, an expert in intellectual property law has said.’

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OUT-LAW.com, 25th October 2019

Source: www.pinsentmasons.com

Liverpool FC fail in move to trademark the word ‘Liverpool’ – The Guardian

Posted September 27th, 2019 in intellectual property, news, sport, trade marks by sally

‘Liverpool FC’s attempt to trademark the word “Liverpool” has been rejected by the government’s Intellectual Property Office due to the “geographical significance” of the city.’

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The Guardian, 26th September 2019

Source: www.theguardian.com

Vaping ad banned for using ‘bald head and eyebrows’ suggesting Sir Mo Farah endorsed product, watchdog rules – Daily Telegraph

Posted August 28th, 2019 in advertising, complaints, intellectual property, news, ombudsmen, smoking by sally

‘A vaping advert has been banned for using a “bald head and eyebrows” that suggested Sir Mo Farah endorsed the product, a watchdog as ruled.’

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Daily Telegraph, 28th August 2019

Source: www.telegraph.co.uk

Small law firms can set up effective ‘Chinese walls’, says judge – Legal Futures

Posted July 9th, 2019 in confidentiality, intellectual property, law firms, news by sally

‘It is wrong to suggest that ‘Chinese walls’ set up by small law firms to prevent confidentiality breaches will “never be effective”, a judge has ruled.’

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Legal Futures, 9th July 2019

Source: www.legalfutures.co.uk

Moving images are being trademarked in Britain for first time in 140 year history – Daily Telegraph

Posted July 2nd, 2019 in artistic works, intellectual property, internet, news, trade marks by sally

‘For more than 140 years, businesses, brands and even pop bands have put pen to paper in the hope of creating a distinctive trade mark that captures the public’s imagination.’

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Daily Telegraph, 29th June 2019

Source: www.telegraph.co.uk

Judge reprimands solicitors for “imbeclic request” comment – Litigation Futures

Posted May 22nd, 2019 in copyright, disclosure, intellectual property, judges, news, professional conduct, solicitors by sally

‘A judge has criticised solicitors in a copyright infringement claim for describing a disclosure request made by the opposing side as “imbecilic”.’

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Litigation Futures, 20th May 2019

Source: www.litigationfutures.com

Supreme Court deals blow to second medical use patents – Law Society’s Gazette

Posted November 15th, 2018 in appeals, disclosure, intellectual property, medicines, news, patents, standards, Supreme Court by sally

‘The Supreme Court today dismissed an appeal by pharmaceutical company Pfizer, in a case that should provide clarity on patent law surrounding claims for new medical uses for a protected drug. In judgment handed down this morning the court allowed an appeal by generic drug makers Actavis and Mylan. The decision means Pfizer’s patent covering a second medical use for its product is invalid.’

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Law Society's Gazette, 14th November 2018

Source: www.lawgazette.co.uk

Privilege ruling releases two documents and destroys one – Litigation Futures

Posted November 9th, 2018 in disclosure, documents, electronic mail, intellectual property, news, privilege by sally

‘A party’s claim to legal advice privilege over two internal emails has been rejected by the High Court, which has also ordered a privileged document disclosed by mistake destroyed.’

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Litigation Futures, 8th November 2018

Source: www.litigationfutures.com

UK government publishes guidance to support new trade mark laws – OUT-LAW.com

Posted October 5th, 2018 in brexit, documents, EC law, intellectual property, news, time limits, trade marks by sally

‘The UK government has published documents designed to support the implementation of new trade mark laws, which come into force next year.’

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OUT-LAW.com, 4th October 2018

Source: www.out-law.com

British Accession to the Hague Agreement – NIPC Law

Posted August 21st, 2018 in agreements, consultations, intellectual property, news, regulations, treaties by sally

‘On 13 March 2018 the British government deposited with the Director General of the World Intellectual Property Organization (“WIPO”) an instrument of ratification of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“the Hague Agreement”). The deposit of that instrument enabled the UK to join the Hague system for the registration of industrial designs from 13 June 2018. The Hague system allows businesses to register up to 100 designs in 69 countries in a single application.’

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NIPC Law, 18th August 2018

Source: nipclaw.blogspot.com

Passing off – The Military Mutual Ltd v Police Mutual Assurance Society Ltd – NIPC Law

Posted August 13th, 2018 in advertising, insurance, intellectual property, misrepresentation, news, trade names by sally

‘The claimant arranges insurance and mortgages for past and present members of the armed forces. On the “About Us” page of its website, it describers itself as “a Mutual set up to provide fair, financial services such as Home, Landlord, Military Kit and Business cover to those who are serving, veterans, families and supporters of our armed forces.” Note the use of the big letter “M” in mutual, That is a big part of the company’s ethos. It says that its “manifesto is very simple: always do the right thing for our Members.” The company has no shareholders or employees and is led in the main by retired senior officers who describe themselves as “customers and Members”. Anybody who acquires a policy or mortgage through the claimant company can become a member. Its business, however, is managed by Regis Mutual Management Limited.’

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NIPC Law, 10th August 2018

Source: nipclaw.blogspot.com

Business to Business Collaboration Agreements – NIPC Law

Posted August 6th, 2018 in agreements, intellectual property, news by sally

‘According to the Intellectual Property Office’s Facts and Figures for 2016 and 2017, 24 out of the 38 inter partes disputes that came before the Office’s tribunals arose from disputes over ownership of inventions. This can be an expensive and time consuming process as I explained in Disputes over Ownership of Inventions 6 Aug 2015 NIPC Southeast. Disputes over ownership of other intellectual property (“IP”) rights result in infringement actions like MEI Fields Designs Ltd v Saffron Cards and Gifts Ltd and another [2018] EWHC 1332 (IPEC) (6 June 2018).’

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NIPC Law, 4th August 2018

Source: nipclaw.blogspot.com

Brexit: trade marks and designs – 10 things to know – OUT-LAW.com

Posted July 12th, 2018 in agreements, brexit, EC law, intellectual property, news, trade marks, treaties by sally

‘While Brexit negotiations between the UK and EU are ongoing, the UK government and European Commission have found an agreement in principle that will alleviate many right holders’ concerns in respect of trade marks and designs.’

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OUT-LAW.com, 11th July 2018

Source: www.out-law.com

Rights holders face extra burdens under new WHOIS data plan – OUT-LAW.com

Posted July 10th, 2018 in data protection, domain names, EC law, intellectual property, internet, news by sally

‘Businesses are likely to encounter additional barriers when seeking to enforce their intellectual property (IP) rights under any new plans that are drawn up for accessing ‘WHOIS’ data.’

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OUT-LAW.com, 10th July 2018

Source: www.out-law.com