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…
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…
