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 the EU, any third party in possession of genuine goods put on the market in the European Economic Area (EEA) by the trade mark owner or with the trade mark owner’s consent is free to resell those goods within the EEA. This is because the EU imposes a system of “regional exhaustion”, which means…
After many months of uncertainty, we have now received a degree of assurance as to the manner in which EUTM and RCD rights will persist in the UK following Brexit. This assurance has come from Robin Walker, the Under-Secretary of State for Exiting the European Union, in a recent Parliamentary debate: UK-owned trademarks and…
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…
