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Intellectual Property UK
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May 20, 2024
Elle Magazine Loses Challenge To Menopause Supplement TM
Fashion magazine Elle has lost its bid to challenge a supplements company's trademark on its Flavoxelle logo, as Europe's intellectual property authority found there is not enough similarity between the two words or logos to confuse any customers.
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May 20, 2024
L'Occitane Blocks Model From Registering Skin Care TM
L'Occitane has defeated an Italian model's bid to register her "Arboria Skin Care" trademark, with the appeals arm of a European Union intellectual property authority agreeing that the mark could be confused with the French cosmetics company's own "Erborian" brand.
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May 20, 2024
EU's Top Court Asked To Weigh HP, Dell Dutch Streaming Row
Netherlands' top court has asked the European Union's top judicial authority for help in determining if offline copies of streaming content were private copies as HP and Dell fight to avoid fees on their devices to compensate rightsholders.
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May 20, 2024
Pharma Cos. Drop Appeal At Top Dutch Court
The Dutch Supreme Court has rejected a Greek drugmaker's challenge to a decision banning it from marketing its cancer drug outside of Greece after infringing one of Novartis' patents, with the two rivals agreeing the challenge should be dropped.
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May 20, 2024
Moderna Fends Off Pfizer's MRNA Patent Challenge
Moderna has successfully defended a key patent underpinning its COVID-19 vaccine, after rivals Pfizer and BioNTech attempted to convince the European Patent Office that the IP protections should be nixed.
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May 20, 2024
Crypto 'Inventor' Used Court As Vehicle For Fraud, Judge Says
A London court ruled Monday that the man who claimed to be Satoshi Nakamoto in a weekslong trial lied extensively and committed forgery "on a grand scale," finding that the computer scientist had used the courts as a "vehicle for fraud."
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May 17, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a wave of claims filed against Verity Trustees Ltd., Harley-Davidson hit retailer Next with an intellectual property claim, Turkish e-commerce entrepreneur Demet Mutlu sue her ex-husband and Trendyol co-founder Evren Üçok and the Solicitors Regulation Authority file a claim against the former boss of collapsed law firm Axiom. Here, Law360 looks at these and other new claims in the U.K.
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May 17, 2024
Red Bull Fends Off 'Gives You Wings' TM Challenge
Red Bull has beaten a challenge to its "Gives You Wings" trademark after the energy drink giant convinced an appellate panel at the European Union Intellectual Property Office that it had genuinely used the trademark to promote the beverage.
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May 17, 2024
Drinks Biz Pours Cold Water On Winemaker's 'Pinea' TM Bid
A Spanish mineral water company has persuaded an appeals panel to block a winemaker from registering its "Pinea" trademark in the European Union, proving that consumers could confuse the logo with its earlier "Pineo" sign.
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May 17, 2024
Lufthansa Unit Loses Latest R+, AirPlus EU Trademark Battle
A Lufthansa unit cannot block a financial consultancy's "R+ Cash Lab" trademark bid based on its set of "AirPlus" trademarks because consumers are unlikely to confuse the two brands despite their sounding similar, a European Union appeals panel has ruled.
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May 17, 2024
German Sugar Biz Beats Sinusitis Patent Challenge At EPO
A German sugar giant has claimed victory in an appeal against a challenge to its patents for the use of a plant fiber to prevent sinusitis, as the board found that the inventions of the challengers differed significantly from its own.
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May 16, 2024
Cybercompany Gen Digital Partially Fends Off 'Gen' TM Attack
Cybersoftware firm Gen Digital partially fought off an attack on its trademark "Gen," but lost the ability to register it for several services after British officials ruled that consumers might overlook the number at the end of tech company Gen25's mark and get confused.
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May 16, 2024
Bayer Fights To Overturn Xarelto Blood Thinner Patent Loss
Pharma giant Bayer AG took its fight against a slew of generic-drug makers to keep its patent over its blockbuster drug Xarelto to the Court of Appeal on Thursday, saying the lower court was wrong to nix the patent and that it does contain an important inventive step.
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May 16, 2024
Luxury Sunglasses Co. Beats 'Akoni' EU TM Challenge
A Swiss luxury sunglasses company has fought off a jeweler's challenge to its "Akoni" trademark, persuading a European Union appeals panel that consumers would not confuse the sign with its opponent's earlier "Ascoli" branding.
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May 16, 2024
TM Liability Ruling A 'Get Out Of Jail Free Card' For Execs
A ruling by Britain's highest court puts the burden on brand owners to prove that executives at the company knew about any alleged trademark infringement from their business to be sued. This landmark ruling is likely to impede brand owners who are looking to enforce their intellectual property.
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May 16, 2024
Recordati Adds New Head Of IP From Zentiva
Recordati has hired a U.S. lawyer with a decade of experience working in-house at pharma giants Sandoz and Zentiva to take on a newly created role as group head IP counsel.
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May 16, 2024
Romanian Pharma Co. Beats Rival For Cough Syrup TM
A Romanian pharmaceutical company has fought off a rival's bid to get its cough syrup trademark scrapped by European Union intellectual property officials.
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May 16, 2024
EUIPO Didn't Deny Fair Hearing To TM Opponent, Court Says
An industrial technology company has survived a challenge to its "UC" trademark hopes as an opponent failed to persuade a European Union court that officials had failed to handle his case fairly in earlier proceedings.
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May 15, 2024
Justices Mull What Defines A Computer In AI Appeal
A London appeals court grappled Wednesday with what exactly constitutes a "computer" under patent law, as counsel for an AI company attempted to convince the courts to let be a ruling that held its AI invention is neither a computer nor a program, and therefore patentable.
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May 15, 2024
AbbVie Unit Protects 'Juvéderm' Cosmetics TM At EU Court
An AbbVie unit on Wednesday fought off a challenge to its "Juvéderm" trademark at a European Union court, convincing officials that it did not monopolize the dermal filler brand in bad faith to capitalize on its opponent's earlier use of the brand name in Lebanon.
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May 15, 2024
Huawei Loses EPO Bid For Roaming Calls Patent
Huawei has lost its fight to patent technology for streamlining the process for making international calls, after an appellate board at the European patent authority ruled that the technology did not build on older software.
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May 15, 2024
Punk Bassist Nixes 'Slaughter And The Dogs' Band Name TM
The former bassist of 1970s punk rock band Slaughter and the Dogs has persuaded intellectual property officials to nix his former bandmate's trademark over the group's name, proving that the lead singer could not claim all the benefits of the band's reputation.
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May 15, 2024
6 Questions For Sebastian Moore, HSF's IP Head In The UK
Sebastian Moore, head of the intellectual property practice of Herbert Smith Freehills LLP in the U.K., has told Law360 that he had been keen to make use of his chemistry degree when he decided to become a lawyer specializing in IP.
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May 15, 2024
Fashion Execs Not Liable For TM Infringement, Justices Say
Two executives of a defunct fashion company are not legally responsible for causing their business to commit trademark infringement, Britain's highest court ruled Wednesday, making them exempt from paying back profits from their alleged wrongdoing.
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May 14, 2024
Appeals Court Urged To Rule Neural Network Is Not Patentable
Counsel for the U.K.'s patent authority urged an appeals court to overturn a decision that held a company's recommendation technology could be patented, in a much anticipated appeal that looks to set the groundwork for the scope of protection for "artificial intelligence"-related technology.
Expert Analysis
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Takeaways On Pre-Action Protocols From UK Patent Ruling
The U.K. High Court's recent patent ruling in Add2 Research v. dSpace instructs parties in proper pre-action discussions that avoid breaches of protocol, including how to provide materials in confidence, say Angela Jack and Emily Atherton at EIP.
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6 Ways To Guide Applications Under New Patent Classification
Intellectual property practitioners can navigate the recently implemented Cooperative Patent Classification system to direct applications to specific prior art units within the U.S. Patent and Trademark Office, avoid especially difficult units, and improve clients' portfolios in newly emerging technologies, say Roberta Young and Brian Michaelis at Seyfarth.
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Mitigating User Content Risk After EU Copyright Directive
As the deadline approaches for member states to implement the European Union’s new copyright directive, which will hold certain online content service providers liable for copyright infringement pertaining to user-uploaded content, companies should have risk-mitigation strategies in place, say attorneys at MoFo.
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The Pandemic's Bright Spots For Lawyers Who Are Parents
The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.
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ITC Seems Unlikely To Stay Investigations For Parallel IPRs
The U.S. International Trade Commission's recent order denying Ocado's attempt to stay a dispute with AutoStore pending resolution of its inter partes review petitions signals that an ITC complainant's patents are effectively shielded from IPR challenges, at least under current Patent Trial and Appeal Board practice, say attorneys at Reichman Jorgensen.
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A Framework For Evaluating Willingness Of FRAND Licensees
As an increasing number of standard-essential patent cases turn on whether a manufacturer is willing to pay a fair, reasonable and nondiscriminatory royalty for SEPs, Jorge Contreras at the University of Utah identifies conduct that typically indicates willingness or unwillingness, as well as conduct that should be viewed as indeterminate.
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Opinion
US Should Learn From German Courts Balancing SEP Rights
The German high court's recent decision in Sisvel v. Haier set a productive tone in balancing the rights of patentees and implementers in standard-essential patent disputes, and its understanding of negotiation realities should be followed by the U.S., say Cravath's David Kappos, former U.S. Patent and Trademark Office director, and Daniel Etcovitch.
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Examining EPO's Strict Approach To AI Patent Disclosure
Because a recent decision by the European Patent Office Boards of Appeal takes a potentially problematic strict approach to disclosure requirements for machine learning-related patent applications, U.S. applicants filing in the EU should disclose several specific data training sets, says Ronny Amirsehhi at Clifford Chance.
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ITC Dispute May Lead To PTAB Litigation Strategy Shifts
A pending motion to stay the dispute between AutoStore and Ocado at the U.S. International Trade Commission highlights competing timelines of the ITC and Patent Trial and Appeal Board, and has the potential to reshape the typical forum selection strategies for patentees and defense tactics for challengers, say attorneys at Reichman Jorgensen.
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Opinion
US Courts Should Adjudicate FRAND Rates On A Global Basis
Following the U.K. Supreme Court's recent Unwired Planet v. Huawei decision, U.S. courts should analyze compliance with contracts on fair, reasonable and nondiscriminatory terms by assessing them on a worldwide basis, because global licenses are the only technically and financially sound way to license standard-essential patents, say attorneys at McKool Smith.
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UK Top Court Ruling May Be Problematic For Global SEP Suits
There are several reasons to question the wisdom of the U.K. Supreme Court's recent ruling that English judges have the power to set extraterritorial licensing royalty rates for standard-essential patents, including that it encourages forum shopping, says Thomas Cotter at the University of Minnesota Law School.
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UK Ruling Shows Global SEP Enforcement Dilemma
The U.K. Supreme Court's recent ruling that U.K. judges have the power to set extraterritorial licensing royalty rates for standard-essential patents highlights a problem with global patent enforcement coordination and efficiency that could potentially be solved through the Patent Cooperation Treaty, says Roya Ghafele at Oxfirst.
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Time To Reassess Your Patent Cooperation Treaty Strategy
In light of the trends outlined in the World Intellectual Property Organization's recent annual Patent Cooperation Treaty review, applicants should make decisions on which international search authority to use based on immediate cost, total cost and quality, says Karam Saab at Kilpatrick.
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German FRAND Decision May Shape Global SEP Landscape
The German high court's recent decision that patent owner Sisvel didn't breach its fair, reasonable and nondiscriminatory patent licensing obligations by refusing to grant Haier a license represents a shift in the standard-essential patent landscape in favor of SEP holders' enforcement freedom, say Erik Puknys and Michelle Rice at Finnegan.
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Sustainable Food Progress May Close Global Regulatory Gap
As the need for sustainable food production grows, the European sector will likely align with less stringent U.S. regulatory standards, which will further enable U.S. companies to expand globally and lead to more sophisticated intellectual property strategies in all regions, say Jane Hollywood and Fiona Carter at CMS Legal.