In Sky v Skykick [2018] EWHC 155 the High Court has asked the CJEU to answer key questions about the validity of UK and EUTM registrations. Sky alleged trade mark infringement of their UK and EUTMs by SkyKick.  Skykick denied this and counter-argued that Sky’s registrations were wholly or partly invalid, on the basis that…

In a recent communication, the organisations that represent the main UK IP professions have jointly reached out to the UK Department for Exiting the European Union with a series of recommendations. Essentially, the purpose of the communication was to list concisely the key areas of IP-related concern for rights holders and those who practise in…

Caspian Pizza v Shah [2017] EWCA Civ 1874   When two pizza businesses (previously each party to a franchise agreement) recently went head to head over the right to use the name CASPIAN, the outcome was far from what the claimant had expected.   Not only were the proceedings brought against the defendant for trade…

On 5th December the European Commission and the EUIPO issued this notice to EUTM and RCD applicants and owners. It is a stark spelling out of what will happen on the date of withdrawal of the UK from the EU – 30 March 2019 – if there is no agreement on the issue of EUTMs…

The Court of Appeal (‘CoA’) recently published its decision on the validity of two shape mark registrations for the shape of London black taxis. Unfortunately, it has not improved the position for those seeking protection for trade dress in the UK. Pure recognition of the sign is still not sufficient basis to lay claim to…

This case concerns the first appeal from a Hearing Officer of the UK Intellectual Property Office (“UK IPO”) to the Scottish Court of Session.   The dispute at issue was between CCHG Limited t/a Vaporized (the “Appellant”) and Vapouriz Limited (the “Respondent”).  The Respondent had brought an invalidity action before the UK IPO based on…

The UK Supreme Court has recently published its decision on a question about whether the sale of so-called ‘grey goods’ can give rise to criminal liability. We covered the previous Court of Appeal decision here. The Supreme Court has now confirmed the Court of Appeal’s previous decision – the sale of grey goods can give rise…

That is the question recently raised at the Chancery Division of the High Court in England and Wales within the case of Sky Plc & Ors v SkyKick UK Ltd & Anor [2017] EWHC 1769 (Ch) (13 July 2017).   The Claimants in this case provide a range of services, including pay television, home entertainment…

With perhaps more of a gentle fizz than a bang, the Brexit negotiations finally got underway towards the end of last month. One might be forgiven for having missed this development, given the backdrop of a tragic fire in London and anger directed at the governmental response. Indeed, the outward glare held by many Britons…