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…
In a recent statement, the European Commission has confirmed that institutions and individuals based in the UK will no longer be able to register domains using the .eu TLD, as of the UK’s withdrawal date from the EU (which currently stands at 29th March 2019*). For those institutions or individuals who currently own such a…
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…
In a recent open letter to the European Commission, representatives of CITMA, AIM, APRAM, BMM, ECTA, INTA and MARQUES set out a collaborative response to the draft withdrawal agreement. This document contains recommendations and considerations relating to the treatment of IP in the draft agreement, as well as a great many acronyms. The key points…
As discussed in our recent post here, the draft withdrawal agreement published by the EU Commission sets out a potential framework for trade mark and design rights AB (Anno Brexit). Certain implications of this framework for trade marks were discussed in our previous post. This post will consider some of the key implications for holders…
This case, L’Oréal Société Anonyme & L’Oréal (UK) Limited v RN Ventures Limited [2018] EWHC 173, involved a claim for infringement of both European Patent (UK) 1 722 699 B1 (“the Patent”) and Registered Community Design Nos. 000407747-001 (“the 747 Design”) and 001175046-001 (“the 046 Design”) (collectively “the RCDs”). The validity of the patent and…
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…
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…
