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Intellectual Property UK
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June 25, 2024
Electrolux Beats Bosch Unit To Revive Touch Screen Patent
Electrolux has rescued its European patent over a kitchen appliance touch screen from a Bosch subsidiary's invalidity protests, convincing an appeals panel that an amended version of the blueprint is inventive over previous devices.
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June 24, 2024
BMS Fends Off Teva Attack Over Blood Clot Patent
A Swedish judge has upheld a BMS patent for a blood clot treatment, concluding that the invention was new because it should be treated as having an earlier filing date under European precedent.
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June 24, 2024
Jaguar Land Rover Nixes Chinese EV Battery Maker's TM
European officials blocked China's top electric vehicle battery maker from registering the trademark "Evogo," after ruling that buyers might think it was related to Jaguar Land Rover's "Evoque" mark.
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June 24, 2024
Rugby Division Beats Football Org In Super League TM Scrum
England's top-tier rugby league division has blocked a breakaway soccer league from extending its "The Super League" trademark to the U.K., with officials deeming the sign too similar to earlier "Super League" marks, in a ruling published Monday.
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June 24, 2024
Stoma Bag Maker Must Show Its Work In Patent Case
A London court has ordered a stoma bag specialist to provide a more detailed breakdown of its product amid its rival's patent infringement claim — but the company got the nod to rely on experimental evidence in its defense.
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June 21, 2024
Apple Won't Offer AI Tools In EU Due To Regulatory Concerns
Apple confirmed Friday that the tech giant isn't planning on releasing new artificial intelligence features in the European Union this year due to "regulatory uncertainties" involving the bloc's new Digital Markets Act and the potential security risks that complying with the DMA could pose to Apple users.
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June 21, 2024
Pay-For-Delay Drug Case Not Time-Barred, UK Tribunal Says
The U.K. Competition Appeal Tribunal refused Friday to apply a much more restrictive statute of limitations that would toss government claims that Danish pharmaceutical company Lundbeck Ltd. and generic drug manufacturers anticompetitively agreed to delay generic competition to an antidepressant.
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June 21, 2024
Big Mac Ruling Shows Brands Can't Coast On Reputation
Consumer giants should not be complacent that their globally recognized branding will serve as reason enough to hold onto and enforce their intellectual property, lawyers warn following a European court's high-profile decision to trim McDonald's trademark protections for "Big Mac."
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June 21, 2024
Abbott Can't Bar Rival's Glucose Monitor Sales In UPC Claim
Abbott Diabetes Care Inc. has failed to convince the Unified Patent Court's local division in The Hague to issue an early injunction barring a Hong Kong-based rival from selling a glucose monitor in Europe, with the court saying Abbott's patent will likely be revoked.
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June 21, 2024
Austrian Bank Beats Challenge To 'Easybank' TM
Italian bank Intesa Sanpaolo lost its challenge to an Austrian bank's "easybank" trademark, after the Austrian bank persuaded the European Union's intellectual property office that it had put its direct banking brand to good use.
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June 21, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen JD Wetherspoon sue a Welsh pub over its name in the Intellectual Property Court, ex-professional boxer Amir Khan and his wife file libel action against an influencer, the Performing Right Society hit with a competition claim over music licensing, and Manolete Partners bring action against the directors of a bust investment firm. Here, Law360 looks at these and other new claims in the U.K.
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June 21, 2024
Amgen Joins Bid To Nix Alexion's Blood Drug Patent
Amgen Inc. has told a London court that its biosimilar for a patented rare blood disease treatment of Alexion does not infringe the AstraZeneca unit's protections for the drug, arguing that the patent itself should be scrapped.
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June 20, 2024
Top EU Court Clarifies UK Interest In TM Claims Post-Brexit
The European Union's top court has backed a prior ruling holding that a U.K. trader's interest in bringing trademark opposition proceedings against an EU application should not disappear after the U.K.'s departure from the European Union.
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June 20, 2024
Next Copied Diamond Logo For Its Reputation, Rival Claims
Next Retail sports clothing brandishing a black diamond took advantage of a global outdoor business' very similar logo in an attempt to "live dangerously" and ride off its rival's reputation, according to a London court claim.
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June 20, 2024
Drinkers Won't Mix Rival 'Angels' Alcohol Brands, UKIPO Says
A Scottish canned cocktail maker has beaten a bid by a rival spirits business to nix the trademark for its "Angels Dare" logo, after U.K. intellectual property officials ruled that drinkers would not mix up the two brands.
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June 20, 2024
Builder.ai's TMs Trimmed In Infringement Claim With Rival
App-building tech company Engineer.ai Global Ltd. lost its trademark battle with an Indian rival over the alleged exploitation of its "Builder" sign on Wednesday, losing protection for two of its marks across a third of its computer-related classes.
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June 20, 2024
Targus Loses Appeal Over Too 'Laudatory' Ecosmart TM
Computer accessory company Targus cannot register "Ecosmart" as a trademark, after an appeals board at the European Union intellectual property office held that the phrase was too laudatory to warrant protection.
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June 19, 2024
Stripe Seeks To Revoke ATM Network's TMs
Stripe has urged a court to revoke trademarks owned by the main ATM network in the U.K., which accused the online payment processor of infringement and hijacking its reputation by using the "Link" name for a payment service.
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June 19, 2024
Robotic Drug Patent Beats Novo Nordisk's EPO Challenge
A U.S. pharmaceutical company has beaten a challenge brought by a Danish rival to its patent for a type of robotic pill, convincing officials at the European patent office that it has invented a new method for administering medication.
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June 19, 2024
Swedish Sportswear Co. Loses Bid To Block Fashion TM
A Swedish sports clothing company has lost its appeal against Italian fashion outlet company Take Off's trademark, as Europe's intellectual property watchdog said it had failed to prove genuine use of its version of the logo.
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June 19, 2024
Gaming Execs Deny Copying Ex-Firm's Code For New Game
Two former directors of an online gambling company have denied its claim that they plagiarized copyrighted source code for its "Slingo" online betting game to produce several competing products through the rival business they joined.
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June 19, 2024
Coinbase Loses Bid For EU Trademark Resembling Letter 'C'
Cryptocurrency exchange platform Coinbase failed to persuade a European court to upend an intellectual property office ruling that rejected its figurative trademark for a shape resembling the letter "C" as the court backed the ruling that the application lacked distinctive character.
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June 18, 2024
Garden Screen Co. Says Rival Ripped Off Its Unique Designs
The owners of a line of allegedly unique garden screens have sued a rival in London court for supposedly copying the designs, which the owners argue are protected by copyright.
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June 18, 2024
Ex-Yukos Oil Investors Auction Russian Vodka TMs For €1.6M
The former shareholders of Yukos Oil Co. said Monday they have auctioned the Benelux rights to trademarks for 18 Russian vodka brands, including Stolichnaya and Moskovskaya, as they continue their effort to enforce $50 billion in arbitral awards against Russia.
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June 18, 2024
IT Co. Has 'Vizst' TM Revoked Over Confusion Risks
A 3D graphics creator used by BBC and Sky has won its fight to block technology competitor Vizst Technology Ltd. from registering its "Vizst Technology" branding in the U.K., after a British intellectual property authority found consumers would likely confuse it with another brand.
Expert Analysis
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Factors To Consider In Protecting Software With Trade Secrets
With trade secrets protecting subject matter that would not otherwise be eligible for a patent now a mainstay of many multinationals’ intellectual property strategies, software developers have a number of considerations in deciding whether this is a viable alternative to protect their invention, says Dave Clark at Potter Clarkson.
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A Look At US Injunctive Relief Trends Amid UPC Chatter
While much remains to be seen regarding how the new EU Unified Patent Court will treat injunctive relief in practice, recent data shows that the U.S. framework may be turning in favor of injunction, despite a perception that it can be nearly impossible to obtain in the U.S., say Nirav Desai, Patrick Murray and Roberta Lam at Sterne Kessler.
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Navigating Europe's New Game-Changing Unified Patent Court
Europe's recently opened Unified Patent Court has ushered in a new era in patent law focused on the power of provisional relief, and adapting to both broad protections and compressed timelines is essential for plaintiffs and defendants alike, say attorneys at Ropes & Gray.
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Copyright Trial Defense Tips From 'Thinking Out Loud' Case
The twofold defense strategy that earned Ed Sheeran his recent "Thinking Out Loud" copyright trial victory revealed the strength of a musician's testimony, the importance of a consistent narrative and the power of public policy arguments when combating infringement claims, say Jonathan Phillips and Latrice Burks at Larson.
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Getty Case Will Be Pivotal For Generative AI Copyright Issues
The Getty v. Stability AI litigation in the U.K. and U.S. raises legal ambiguities on who owns generative artificial intelligence output, and the outcomes will set a major precedent on copyright practices for businesses in both countries and beyond, say Victoria Albrecht at Springbok AI and Mark O'Conor at DLA Piper.
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Global M&A Outlook: Slow But Moving Along
Global merger and acquisition markets had a tough start to the year, with inflation, rising interest rates and the Ukraine conflict knocking sentiment, but in the macroeconomic, deal makers have continued to unearth pockets of activity to keep deal volumes ticking over, say lawyers at White & Case.
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Emmentaler Case Elucidates Recipe For EU Food Trademarks
In light of the EU General Court recently rejecting the Emmentaler cheese trademark application for lacking distinctive character and not meeting the geographical indication requirements, producers must ensure to protect their trade names before they become commercially generic, says Lars Karnoe at Potter Clarkson.
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Unified Patent Court Advantages Leave US Trailing Behind
Amplifying the shortcomings of litigation in the U.S., including inter partes reviews that significantly threaten the validity of patents, the recently launched Unified Patent Court regime will put further pressure on American legislators and add to Europe's attractiveness as a litigation venue, say lawyers at Sisvel and Franzosi Dal Negro.
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The Path Forward For Blockchain Patents In The UK And EU
The U.K. Intellectual Property Office's recent refusal of an IGT patent application highlights that certain blockchain innovations, including those relating to improved security, are more likely to be patentable than others, which is consistent with the overall European approach and available data, says Andrew Rudhall at Haseltine Lake.
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USPTO's Speed On Some China Patents Bears A Closer Look
While all U.S. Patent and Trademark Office expedited programs are meant to be examined in the same manner, a survey of Patent Prosecution Highway actions indicates some examination processes may favor applications originating in China, says Julie Burke at IP Quality Pro.
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French And UK Patent Litigation Will Likely Influence The UPC
The newly opened Unified Patent Court represents a seismic, yet untested, change to how patent litigation is conducted within Europe, and the practices of French and U.K. courts may play a role in its development, including on issues such as saisies and document production, say lawyers at Gowling.
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AI-Fueled Innovation Poses Patentability Challenges
Robert Plotkin at Blueshift IP explores questions about standards for inventorship, nonobviousness and disclosure as patent practitioners, the U.S. Patent and Trademark Office, and the courts grapple with rapid innovation in AI technology.
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Benefits Of Unified Patent Court Compared To Local Litigation
Recently opened for business, the Unified Patent Court offers a faster, cheaper and more streamlined solution to handle patent disputes compared to EU countries and the U.S., and could become the most important forum for patent litigation in Europe, if not worldwide, say lawyers at McDermott.
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Global Issues In EU's Licensing Plans For Essential Patents
Consultants at Analysis Group explore questions surrounding the recently announced EU licensing framework for standard-essential patents, and how the European Commission's goals may influence discussions of issues like procedure, efficiency and transparency in the U.S. and elsewhere.
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EPO Decision Adds To Sparse Case Law On Core AI Patents
The recent European Patent Office Board of Appeal decision in the Sparsely connected neural network/Mitsubishi case is remarkable for its technicality, and provides rare guidance for companies on the requirements for core artificial intelligence invention patents, says Alexander Korenberg at Kilburn & Strode.