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Intellectual Property UK
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October 04, 2024
Google Director Denies 'Shorts' Is Brand In Trademark Fight
A senior Google director said Friday during questioning in a London trial that the tech giant's 'YouTube Shorts' video platform does not function as a brand in isolation, contradicting the accusation of the international film distributor behind ShortsTV that the moniker infringed its trademarks.
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October 04, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen GMB Union sued by the makers of Tetley Tea after a staff walkout in September, boxer Mike Tyson hit with legal action from a marketing company and the Met Police face a misuse of private data claim from a woman who had a relationship with an undercover police officer. Here, Law360 looks at these and other new claims in the U.K.
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October 03, 2024
Panasonic Chided For 'Indefensible' Conduct In FRAND Case
A London appeals court ruled Thursday that Panasonic did not act in good faith in licensing talks with Xiaomi for its suite of telecom patents, calling the Japanese tech giant's conduct during licensing negotiations "indefensible."
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October 03, 2024
Unified Patent Court Appeals On Merits Double In September
The number of appeals for final decisions from the Unified Patent Court has doubled month-over-month following the first wave of judgments on merits handed down from the first instance courts, according to the latest case load data.
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October 03, 2024
Lufthansa Demands Profits From Power Outlet Patent Breach
Lufthansa claimed in a London trial Thursday that three avionics companies found to have infringed its patent on a method of allowing airline passengers to access power outlets should turn over all profits from sales of the infringing system.
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October 03, 2024
German Court Convicts Trio For Misleading EUIPO Invoices
A German court has convicted three individuals for sending fraudulent invoices to customers of the European Union Intellectual Property Office, a first-of-its-kind decision the agency said Thursday would make it easier to pursue similar claims in the future.
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October 03, 2024
US, France Extend Patent Prosecution Highway
French and American authorities announced plans Thursday to extend their deal to fast-track patent examinations for IP already approved in the other jurisdiction for another five years.
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October 03, 2024
Hugo Boss Can't Wipe Out Rival 'Amboss' TM
European officials have refused to nix a trademark for "Amboss," ruling that dress shirts and belts made by Hugo Boss were so distinct from its Turkish rival's products that shoppers would not think the two were linked.
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October 02, 2024
NY Judge Not Confused By Irish Butter Packaging
The company behind the Kerrygold butter brand has failed to convince a federal judge in New York that consumers were confused by a smaller, newer Irish butter brand, per a ruling that called the businesses' respective packaging "markedly dissimilar."
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October 02, 2024
'YouTube Shorts' Hurts Image Of Short Films, Distributor Says
Google has damaged the descriptive brand of short films by leading consumers to associate them with the tech giant's 'YouTube Shorts' video platform, international film distributor ShortsTV said Wednesday on the first day of a London trial accusing the tech giant of infringing ShortsTV's trademarks.
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October 02, 2024
Italian Lender Beats Rival's Challenge To 'Isybank' TM Bid
An Austrian bank cannot rely on its "Easybank" trademarks to stop Italian rival Intesa Sanpaolo from protecting its "Isybank" brand because there is no likelihood of European Union consumers mixing up the signs, officials in the bloc have ruled.
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October 02, 2024
'Petsure' Name Infringes 'Vetsure' TM, Appeals Court Says
A pet insurance company has convinced an appeals court that shoppers would likely confuse its "Vetsure" trademark with its rival's "Petsure" name, given the conceptual similarity between the two.
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October 09, 2024
Shoosmiths Adds Privacy & Data Partner From BCLP
Shoosmiths LLP has hired a new partner to its privacy and data unit in London from Bryan Cave Leighton Paisner LLP, with the new arrival saying Wednesday that an immediate rapport with Shoosmiths' partners led her to jump ship.
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October 02, 2024
Huawei Hits Back At MediaTek CopyCat Claims
Huawei has urged a London court to nix chip developer MediaTek's wireless patents because they aren't necessary to implement 4G and 5G standards, in a move to block its Taiwanese rival's infringement claims.
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October 02, 2024
Prada Wins 'Miu Miu' TM Challenge Over Rival's 'My-Mu' Mark
European officials have nixed the trademark application of an Italian brand for "my-mu," ruling that shoppers would think that Prada had released a personalized line of products under its Miu Miu name.
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October 01, 2024
Cement Maker Revives Patent For Stronger Paste
A cement maker won a second shot at securing a patent for a stronger and less water-demanding paste, after European officials overturned a ruling that the invention lacked enough detail to be replicated.
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October 01, 2024
Westfield Denies Infringing Clearpay IP In Partnership Dispute
Shopping giant Westfield has returned fire in a battle with Clearpay Finance Ltd. over a collapsed partnership, with the shopping center company denying infringing the credit business's intellectual property by continuing to show Clearpay advertisements in its centers.
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October 01, 2024
YouTube Heads To Court To Defend Right To 'Shorts' Name
A London court will convene Wednesday to consider whether YouTube's Shorts branding infringes a short film channel's intellectual property, in an argument over whether the word "shorts" has become customary in the media landscape.
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October 01, 2024
Crypto Developers Take Aim At 'Patent Trolls' In New Deal
A cryptocurrency collective said Tuesday it has inked a deal with Unified Patents to help stop "patent trolls" from registering intellectual property that risks hampering blockchain innovation.
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October 01, 2024
Ikea's 'Outstanding Reputation' Knocks Down 'Sinoikea' TM
European officials have nixed a French firm's "Sinoikea" mark, ruling that it was clearly taking advantage of Ikea's iconic name mark, especially given the link between the products they make.
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October 01, 2024
Solar Cell Tech Inventive Enough For Patent, EPO Finds
A German company has rescued its European patent for a solar cell system after persuading an appeals panel that its method of boosting conductivity is inventive.
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September 30, 2024
AI Win In 1st German Copyright Battle No Carte Blanche
A German court's first-of-its-kind ruling rebuffing a photographer's copyright claim over the use of his works to train an artificial intelligence model under European Union law is not a go-ahead for generative AI developers to use copyright works, lawyers say.
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September 30, 2024
Scientist Wins Revival Of Whistleblowing Case Against Oxford
A scientist won a second chance Monday to argue his unfair dismissal case against Oxford University when an appellate judge said a tribunal must consider whether his plagiarism accusations branded him for unfair treatment.
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September 30, 2024
Lenovo Loses Appeal Bid For Ericsson Injunction
The Court of Appeal refused Monday to let Lenovo stop Ericsson from selling 5G devices in the U.K. over alleged patent infringement, saying the asked-for injunction wouldn't address the damage Lenovo was claiming, which was happening 5,000 miles away in Brazil and Colombia.
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September 30, 2024
Gap Athletic Brand Proves Danish Co. Infringed 'Athleta' TM
The Gap Inc.'s sportswear brand Athleta on Monday won its trademark infringement claim in a London court against a Danish rival over its "Athlecia" branding — but lost a chunk of its trademark protections in the process.
Expert Analysis
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5 Considerations In Preparing For EU's New Patent System
With the upcoming implementation of the unitary patent and Unified Patent Court, Europe gets closer to its long-term goal of one EU patent that can be enforced in one court, and non-EU patent owners and applicants will have strategic decisions to make, say Fabian Koenigbauer at Ice Miller and Thomas Kronberger at Grünecker.
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Reexamining Negative Limitations After Novartis Patent Ruling
The Federal Circuit's decision and denial of rehearing in Novartis v. Accord has created exacting standards that must be met in order for negative limitations in patent claims to satisfy the written description requirement, but whether the dissent is correct that the majority opinion heightened the standard is an arguable point, say Jonathan Fitzgerald and Jaime Choi at Snell & Wilmer.
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UK Courts' 3rd-Party Disclosure Rule Sets Global Precedent
The quiet change about to take place in the English Civil Procedure Rules, enabling U.K. courts to require pre-action disclosure of information from overseas third parties, is uncharted territory and will have profound implications for any organization that handles assets on behalf of a party, says Simon Bushell at Seladore Legal.
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Zara TM Ruling Shows Prefiling Clearance Is Always Advisable
The recent Trade Mark Tribunal decision regarding Zara and House of Zana demonstrates the importance of conducting prefiling clearance investigations, so that where opposition may be anticipated, a strategy can be put in place, says Melanie Harvey at Birketts.
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Dutch Merger May Promote Behavioral Remedies Across EU
A Dutch tribunal's recent clearing of the Sanoma-Iddink deal might further encourage merging parties in the EU to offer — and government agencies to accept — behavioral remedies, which was rarer when more emphasis was put on divestments, says Robert Hardy at Greenberg Traurig.
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How Will UK Address AI Patent Infringement?
As artificial intelligence-related patent litigation activity inevitably approaches, a review of U.K. principles of direct and indirect liability offers insight into how courts may address questions involving cloud-based technology and arguments related to training AI models, say Alexander Korenberg at Kilburn & Strode and Toby Bond at Bird & Bird.
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Law Commission's 'Data Objects' Proposal Is Far-Reaching
The Law Commission’s proposals to recognize data objects as a new category of personal property would bring fundamental changes were they to be implemented, and would have significant ramifications for finance litigation, say attorneys at Norton Rose.
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UK Rulings Give Chinese Courts Wide Powers In IP Disputes
The recent rulings in Nokia v. Oppo and Philips v. Oppo open the door for Chinese courts to adjudicate worldwide rate-setting terms for standard-essential patents, and in so doing present a timely wake-up call as to China's influence, say F. Scott Kieff at George Washington University Law School and Thomas Grant at the University of Cambridge.
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Swatch V. Samsung Offers IP Warning To Platform Operators
The recent U.K. High Court decision of Swatch v. Samsung demonstrates that while platform operators may wish to exercise greater control over the apps distributed on their platforms, this carries with it a corresponding duty to apply due diligence to protect the intellectual property rights of third parties, say Alex Borthwick and William Hillson at Powell Gilbert.
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Opinion
The USPTO Should Give Ukraine Even More Help
The U.S. Patent and Trademark office should take three direct steps to help confer upon Ukraine's patent office the same benefits it previously granted to Russia's Rospatent, in addition to the sanctions the USPTO has already conferred in response to the attack on Ukraine, say David Kappos at Cravath, Teresa Summers at Summers Law Group and Andrew Baluch at Smith Baluch.
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International Law May Protect Foreign Investors In Russia
Investment treaties that allow eligible foreign investors to bring claims for compensation by way of international arbitration may offer a better, or the only, avenue to recover losses for assets that have been seized by Russia, say attorneys at Cooley.
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Amazon TM Ruling Proves Important For Global Websites
The U.K. Court of Appeal recently found that Amazon infringed Lifestyle Equities' trademark, and its analysis of whether there was an intention to target particular customers, provides welcome relief for brand owners and lessons on avoiding infringement for the operators of global websites, say Steven James and Hattie Chessher at Brown Rudnick.
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Sheeran Ruling Raises Burden For Copyright Plaintiffs
In requiring proof of access, rather than proof of the possibility of access, the U.K. High Court’s decision in Ed Sheeran’s recent copyright case will provide some security to those in the music industry, say David Fink and Armound Ghoorchian at Venable.
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Litigants Eager To Prove The Song Remains The Same
Recent lawsuits against Ed Sheeran and Dua Lipa, alleging their hit songs infringed others' copyrights, suggest that, despite the difficulty of proving musical plagiarism has occurred, the appetite for this type of litigation may be growing, says Nick Eziefula at Simkins.
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ECJ Ruling Strengthens German Patent Owners' Rights
Following the European Court of Justice's recent ruling in Phoenix Contact, it is expected that German courts will issue more preliminary injunctions in patent cases, making Germany, and particularly Munich, an even more attractive venue for patent enforcement, says Sandra Mueller at Squire Patton.