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…
The Court of Justice of the European Union (CJEU) has denied the Tea Board’s (TB) appeal against the General Court’s (GC) decision to allow Delta Lingerie’s (DL) application for various ‘Darjeeling’ marks in classes 35 and 38. In 2010, DL applied to register four figurative EUTMs including the word ‘Darjeeling’ in classes 25, 35 and…
Earlier in September, a task force representing the European Union Commission released a position paper to the EU27, setting out their preliminary position on the continued protection of IP rights in the UK. It has been met with a mixed reception, but within it there are certainly positive indications for holders of unitary rights (such…
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…
Lord Neuberger, or Baron Neuberger of Abbotsbury to his friends, has taken aim at the need for clarity around legal precedent in the post-Brexit landscape. Having spent decades on the front line of statutory application and legal interpretation, Lord Neuberger seems well placed to comment on the legal ramifications of removing the CJEU as…
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…
