It’s been a busy couple of weeks for the UK government, and what can now only be described as the Brexit nightmare rumbles on. Despite the deadline for the UK’s departure from the EU being just over a week away, we are still no clearer on how or when exactly this will take place, with…

After a Christmas full of German chocolate, French wine and Italian coffee, the UK has now turned its attention once more to its membership within the EU, and the impending lack thereof. With yesterday’s vote, Parliament voted against the deal proposed by the Prime Minister, to govern the British exit of the European Union. The…

Whilst it is highly debatable whether the EU Withdrawal Agreement will get through the UK Parliament, the chances are that if any revised deal is struck later, the IP provisions will remain unchanged.  (The Johnson brothers, and even Jacob Rees-Mogg are unlikely to be terribly exercised about matters such as the continued application post- 31…

A string of recent UK IPO decisions indicates that the Tribunal is willing to take a holistic and pragmatic view to an alleged bad faith filing. Many readers will be familiar with Michael Gleissner, the infamous modern day trade mark troll. Gleissner’s conduct has been scrutinised in a plethora of trade mark and domain name…

In a recent Notice to Stakeholders, the European Commission has highlighted a possible outcome for customs and enforcement, following the British exit from the EU. Whilst this is subject to transitional provisions and the withdrawal agreement at large, it serves to reiterate the cliff edge which may conceivably be presented to UK based brand owners…

In a recent decision (Cartier International AGand others (Respondents) v British Telecommunications Plc and another(Appellants) [2018] UKSC 28), the UK Supreme Court has ruled that brand owners must pay Internet Service Providers’ (ISPs) costs for implementing website blocking injunctions. This is a reversal of the previous Court of Appeal decision, and whilst these blocking orders…

Student Union Lettings Limited v Essex Student Lets Limited [2018] EWHC 419 (IPEC)     The UK Intellectual Enterprise Court has ruled that Essex Student Lets Limited, a student accommodation letting company, has fallen foul of trade mark infringement and passing-off, courtesy of their use of the mark “SU LETS”.   Background   The Defendant in…

The UK Intellectual Property Office has recently declared invalid Birkenstock’s UK trade mark registration for the pattern on the sole of their shoes. The decision of the Appointed Person, James Mellor QC, not only considers a slightly unusual mark, it also provides helpful guidance on factors to consider if a brand owner is trying to…

On 28th February, the EU Commission published the Draft Withdrawal Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the “Draft”), as can be viewed here, with commentary here. In a week of weather warnings, plunging temperatures and de-icer fume…

The draft Brexit Withdrawal Agreement between the EU and the UK, which was published by the European Commission on 28 February 2018, provides for continued protection in the UK of registered or granted IP rights. According to article 50 (1) of the draft agreement, the holder of a EU trade mark, design or plant variety right,…