Two sports companies, Sports Group Denmark A/S (“Sports Group”) and WaterNlife ApS (“WaterNlife”) conflicted over the use of ENDURANCE as a trademark for sports clothing. Sports Group had registered the device trademark However, the trademark was not used as registered. Mostly, Sports Group used the mark in a much simpler and minimalistic version that looked…

The UKIPO is one of the Tribunals that has the power to grant costs awards against the losing party. And whilst they are usually more significant than the specific amounts granted by the EUIPO, they are usually awarded according to a published ‘scale’. This scale is almost always followed, but not always! The general practice on…

CJEU: reimbursement of legal costs in IP infringement proceedings must not be disproportionate or even insignificant On 28 July 2016, the CJEU ruled in a case concerning the reimbursement of legal costs in a patent infringement action in Belgium (United Video Properties Inc. v. Telenet NV, C‑57/15). It declared that a flat fee reimbursement system,…