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Intellectual Property UK
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June 13, 2024
Uber Wipes Out Cleaning Co.'s 'UberPro' TM
Uber convinced U.K. intellectual property officials to throw out a Swedish cleaning company's "UberPro" trademark, with the intellectual property body concluding that customers' negative experiences with the cleaning business could damage the ride-hailing giant's reputation.
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June 13, 2024
Meta Facing Complaint Over Plans To Train AI With User Data
A Norwegian consumer protection group has hit Meta with a legal challenge over its plans to deploy its users' data — including images and posts — to train artificial intelligence models.
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June 13, 2024
Influencer Style Platform Loses Screenshot Linking Patent
An influencer shopping platform cannot patent a screenshot-analyzing method that gives users links for the advertised shirts or heels displayed in the pictures, after European officials ruled it was adding in extra features that weren't in the original application.
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June 13, 2024
Samsung Polishes Off Cleaning Robot Patent Protests At EPO
Samsung has beaten a challenge to the validity of its European patent over a cleaning robot, convincing an appeals panel that the design adopted multiple sensors in a way that wasn't obvious.
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June 12, 2024
Nike 'Footware' TM Too Descriptive To Defeat Puma Challenge
Nike cannot resurrect its trademark for the phrase "footware," a European Union court ruled on Wednesday, siding with rival Puma that the word was too descriptive to warrant intellectual property protections.
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June 12, 2024
Anheuser's TM 'Ultra' No More As EU Court Sides With Amstel
Amstel on Wednesday was successful in persuading a European Union court to overturn a ruling that Anheuser-Busch's "Ultra" beer trademark is distinctive, proving that it's a generic term that does not merit protection.
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June 12, 2024
Sony Music Unit Sued By Label Over Viral TikTok Hit
Sony Music unit Ministry of Sound Records has been hit with a copyright claim by a U.K. record label for releasing a version of artist Jay Sean's 2008 hit "Ride It" after a DJ's remake went viral on TikTok.
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June 12, 2024
Tour De France Loses Fight Against Gym's 'Tour De X' TM
The organizer of the Tour de France cycle race lost its challenge against a German gym chain's "Tour de X" trademark Wednesday, after a European court ruled that many cycling competitions use the words "tour de."
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June 12, 2024
Google's GPay TM Gets Declined In Europe
Google lost its appeal on Wednesday after seeking to revive its "GPay" trademark for electronic payment services as a European court ruled that a Bulgarian rival had already cornered the digital market with "ePay."
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June 11, 2024
Lenovo Knocks Bid To 'Treble' Payment For SEPs
Lenovo hit back at InterDigital's contentions that a landmark patent ruling underestimated what the Chinese company should pay to license its essential wireless technology patents, claiming that the bid to "essentially triple" the sum should be thrown out.
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June 11, 2024
Alaska Airlines Loses Fight To Dodge $160M Virgin Royalties
Alaska Airlines lost its fight against Virgin on Tuesday to avoid paying $160 million in royalties, with a London appeals court ruling that the carrier still had to pay even if it did not use Virgin's branding.
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June 11, 2024
Nike Loses Appeal Against Geox Boomerang-Shaped TM
Nike failed to stop Geox from registering a boomerang-shaped trademark after European officials rejected the sportswear giant's arguments that the shape was too simple and didn't send buyers a message about the goods' origin.
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June 11, 2024
Klarna Gets 2nd Shot To Trim Startup's 'Klar' TM
Buy-now, pay-later giant Klarna has won another chance at restricting a German data analytics' "Klar" mark, after a European appeals board ruled the officials had not properly taken the fintech's reputation into account.
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June 11, 2024
Berkshire Hathaway Unit Loses Patent For Engine Lubricant
A specialty chemical maker has convinced European officials to revoke a patent covering an engine lubrication system belonging to Berkshire Hathaway-owned Lubrizol by arguing that scientists would have eventually made the invention without much effort.
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June 11, 2024
Royal Mail Accused Of Monopoly In Address Database Dispute
A software developer has hit back at Royal Mail's copyright infringement claim, accusing the postal service of holding a monopoly over the market for address searching software in the U.K.
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June 10, 2024
University, Astellas Fight To Keep Prostate Cancer Patent
The University of California's governing board clashed with three generic-drug makers trying to revoke the institution's patent for a prostate cancer drug in a London court Monday, arguing that the institution's patent should be ruled to be innovative and not obvious.
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June 10, 2024
InterDigital Says Court Lowballed Lenovo FRAND Rate
Counsel for InterDigital told a London appeals court Monday that a trial judge failed to adjust for "heavy discounts" on past sales when determining a fair, reasonable and non-discriminatory licensing rate for Lenovo to pay for a suite of its essential wireless technology patents.
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June 10, 2024
Frozen Cocktail Biz Melts Gelato Chain's 'Amori' TM Protests
A gelato chain cannot block a frozen cocktail company from registering its "Amori Gelato Cocktails" trademark because there's no real risk of consumers confusing the mark with its earlier "Amorino" sign, the U.K. Intellectual Property Office has ruled.
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June 10, 2024
Gilead Beats Fresh Challenge To Hepatitis C Drug Patent
Gilead Pharmasset LLC has beaten a challenge from a group of pharmaceutical rivals to its patent for a hepatitis C drug, dealing a fresh blow to medical nonprofits that have fought to open the door to cheaper generics.
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June 10, 2024
Oil Well Plugging System Does Not Infringe Rival's Patent
Two technology companies have won a declaration that their oil well plugging device does not infringe a rival's patents over similar tech, convincing an intellectual property officer that the systems "wash" disused wells in different ways.
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June 10, 2024
Luxembourg Research Institute Loses Database Patent Bid
A Luxembourg research organization on Monday lost its bid to register a patent for algorithms for updating databases, with a European Patent Office appeals board concluding that the method was obvious to a person skilled in computing.
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June 10, 2024
Amazon Sold Facial Tech To Russia, Ex-Employee Alleges
A former Amazon worker has alleged that the technology giant sold facial recognition software to a Russian company in violation of U.K. sanctions.
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June 07, 2024
Crypto Developers Fight To Gag Wright After 'Satoshi' Trial
A group of cryptocurrency asset developers urged a London judge on Friday to order Australian computer scientist Craig Wright to never again assert that he is the pseudonymous inventor of bitcoin Satoshi Nakamoto, arguing it was the best way to end his "campaign of dishonesty."
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June 07, 2024
5 Questions For Finnegan UK TM Chief Clare Cornell
Clare Cornell, the head of Finnegan Henderson Farabow Garrett & Dunner LLP's trademark group in London, talks to Law360 about the appeal of working on trademarks and how Finnegan's practice has evolved since she joined in 2016.
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June 07, 2024
Patent Firm Seeks To Ax Claim Over £1.5M Settlement Advice
Patent solicitors Atkinson Wheller Ltd. asked a court Friday to throw out a negligence claim brought on behalf of a former client, because the deed transferring the claim to a law firm was "void and unenforceable."
Expert Analysis
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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.
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A Deep Dive Into EU Unified Patent Court Policy
Robert Sterne at Sterne Kessler offers a detailed analysis of the EU's Unified Patent Court and the unitary patent, which go live on June 1, discussing what U.S. practitioners need to know from an enforcement and freedom-to-operate perspective.
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AI And Copyright: Tracking The Ownership Issues
The rise of generative AI has created copyright and ownership challenges in creative industries, but contractual agreements, intellectual property law and AI-specific regulations can be used to address these issues, says Kimiya Shams at Devialet.