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Intellectual Property UK
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November 28, 2024
Coca-Cola's Rare Sugar Drink Patent Goes Flat At EPO
Coca-Cola has lost its European patent for a type of sugary drink after rival Danone and a Norwegian law firm convinced patent officials that the soft drinks giant's invention was not better than an older patent.
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November 28, 2024
Vacation Co. Denies Avoiding Wyndham Hotels' TM Royalties
A vacation group has denied that it is avoiding paying hotel chain operator Wyndham at least approximately $6.5 million a year in royalties and administration fees, claiming Wyndham knew that the group had no interest in using its trademarks.
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November 28, 2024
Aldi Nixes Spanish Furniture Maker's Bid For 'Andi' TM
German supermarket chain Aldi has succeeded in blocking a Spanish furniture company's "Andi" trademark as the European Intellectual Property Office found that the one-letter difference was not enough to stop consumers from confusing the two companies.
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November 28, 2024
Nestle Hit By Setback In Spat Over 'Fitness' TM
A rival of Swiss confectionery giant Nestle has won a long-running battle over its "Fitness" trademark as a European court ruled that previous officials had reinstated the mark using shoddy legal reasoning.
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November 27, 2024
'The Olympics' Trademark Narrowed By EU In Casino Dispute
A Baltic casino chain has convinced European officials to cut down protections for the International Olympic Committee's "The Olympics" trademark, after arguing that the Olympics organizers only used the mark for entertainment and sports activities.
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November 27, 2024
Dunhill Nixes Chinese Rival's 'Genhill' Mark In EU
The British luxury goods brand Dunhill has won its challenge against a Hong Kong-based company's "Genhill" trademark after the European Union's Intellectual Property Office ruled that the marks may be confused by Greek-speaking people.
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November 27, 2024
GSK Gets 2nd Shot At Patenting Protein Purification
GSK has won a second shot to revive a patent covering a protein purification method after European appellate officials ruled that the firm's amendments could make the cut if examiners reconsidered it.
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November 27, 2024
Nestle Loses Challenge Over Coffee Drink Patent On Appeal
Nestle has lost a patent for a coffee beverage, with European appellate officials ruling that one of its claims relating to coffee oil content wasn't clear enough to clear the hurdle for protection, scoring a victory for a Dutch rival.
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November 27, 2024
Giorgio Armani Loses 'Emporio Baby' EU Trademark
European trademark officials have pulled the plug on an "Emporio Baby" trademark owned by Armani, finding that the Milanese fashion brand had not proved that it had used the mark on any of its products over the last five years.
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November 26, 2024
Gifting Co. Smartbox Can't Register 'HAPPYCARD' TM
A gifting company can't register its "HAPPYCARD" trademark for restaurant services, as a European appeals board has decided there is a risk the sign would take unfair advantage of a long-standing competitor's trademark.
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November 26, 2024
Nanotech Co. Loses Patent For Particle Analyzer At EPO
A Swedish company that makes electron-analyzing instruments has persuaded European patent officials to overturn a decision approving a rival's particle analyzer patent because its key elements could be found in older inventions.
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November 26, 2024
Plastics Co. Beats Challenge To Polypropylene Patent
An Austrian plastics manufacturer has won its bid to patent a material it uses to make cups after European appellate officials ruled that its use of high amounts of a special polypropylene harbored previously unknown benefits.
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November 26, 2024
Education Co. Says Ex-Workers Helped Rival Lure Customers
A company which makes software to track primary school pupils' progress has accused its former employees and their new company of enticing customers away by installing tech updates to make it easier to switch providers.
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November 26, 2024
Robotics Co. Can't Patent Warehouse Performance Tracker
European appellate officials have denied Locus Robotics a patent for a warehouse robot, finding a skilled inventor would have still found it obvious to make the technology despite the firm's amendments.
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November 25, 2024
Genetics Co. Denies Taking Biologist's Research For Patents
A London-based gene therapy technology company told a court on Monday that it denied allegations by one of its co-founders that it wrongly used her research to file patents after she quit following a falling out.
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November 25, 2024
Dryrobe Rival Argues TMs Are Common Language
An outdoor robe brand has hit back at allegations that its "D-Robe" is a rip-off of Dryrobe Ltd.'s brand, arguing that the word "dryrobe" is recognized by consumers as a descriptive term for a type of robe.
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November 25, 2024
Germany's Eckes-Granini Squeezed In Fruit Juice TM
European officials have refused to allow Eckes AG to sell juices using the tagline "Juice Me Up!" because a competitor had already cornered the fruit-based market with a similar trademark for "Fruit Me Up."
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November 25, 2024
Saint-Gobain Can't Nix Rival's Insulation Fiber Patent At EPO
A European appeals panel has rejected Saint-Gobain's attempt to revoke a rival's patent over a way of making a man-made insulation fiber, ruling that an amended version of the patent is valid.
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November 25, 2024
Latham-Led Danish Biz To Buy Fish Genetics Co. For £260M
Aquatic biotechnology company Benchmark Holdings PLC said on Monday that it has agreed to sell its fish genetics business to a Danish conglomerate for up to £260 million ($327 million) in a deal guided by Latham & Watkins LLP.
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November 22, 2024
Airbus Gets Boeing's Satellite Comms Patent Nixed At EPO
Airbus has persuaded a European appeals panel to revoke Boeing's amended patent over a satellite communications transponder, proving that the tweaked patent oversteps the features of the initial application.
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November 22, 2024
Procter & Gamble Loses EU Diaper Patent Clash With IP Firm
European patent officials have binned a patent owned by Procter & Gamble for a type of diaper, after a German law firm convinced the European Patent Office that it did not successfully reduce sagging as claimed.
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November 22, 2024
Bioscience Co. Loses Human Milk Patent At EPO
A bioscience company's patent covering a method of purifying human milk compounds isn't valid because it lacks an inventive step over a rival's blueprint, a European appeals panel said in a ruling released Friday.
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November 22, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen cash-strapped Thurrock Borough Council bring a £40 million ($50 million) negligence claim against 23 other local authorities over its solar investments from a not-for-profit local government body, AstraZeneca sue a fire safety company following a blaze at its Cambridge headquarters last year, and a director who was convicted in 2016 for corporate manslaughter face action by Manolete Partners. Here, Law360 looks at these and other new claims in the U.K.
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November 22, 2024
Adidas Loses Latest Stripes Court Battle With Thom Browne
Thom Browne won its latest trademark dispute with Adidas over the use of four stripes in the New York fashion brand's designs on Friday as a London court dismissed the German athletic wear giant's infringement claims and invalidated several of its patents.
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November 21, 2024
'Kool & The Gang' TM Owner Celebrates 2nd Shot At Rival
The owner of the Kool & the Gang name won another chance to block a Polish company from getting down on a "Cool Gang" trademark after European officials ruled that previous examiners didn't fully consider the Grammy award-winning funk band's reputation.
Expert Analysis
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What The Future Of AI In Financial Services Looks Like
Artificial intelligence is rapidly transforming the global financial services industry, with a hybrid model likely to evolve where AI handles routine tasks and humans focus on strategy and decision-making, so financial institutions should work with regulators to establish ethical standards and meet regulatory expectations without stifling innovation, say lawyers at Womble Bond.
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The EU Design System Changes US Cos. Need To Know About
With a number of major reforms to the European Union's design protection system set to take effect in the first half of 2025, U.S. companies need to stay informed about specific details to maintain effective intellectual property management in the EU market, say lawyers at Finnegan.
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What New Int'l Treaty Means For Global AI Regulation
Lawyers at Bird & Bird consider how global artificial intelligence regulation will be affected by the first international AI treaty recently signed by the U.S., EU and U.K., as well as its implications for business and several issues that stakeholders should be aware of.
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HMRC Transfer Pricing Guide A Vital Resource For Businesses
HM Revenue & Customs' recent guidelines on common transfer pricing compliance risks should be required reading for affected businesses in indicating HMRC's expected benchmark for documents and policies, say Tomoko Ikawa and Kapisha Vyas at Simmons & Simmons.
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Comparing Apples To Oranges In EPO Claim Interpretation
A referral before the Enlarged Board of Appeal could fundamentally change the role that descriptions play in claims interpretation at the European Patent Office, altering best drafting practices for patent applications construed there, say lawyers at Finnegan.
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Why India May Become A Major Patent Litigation Forum
India is reinventing itself with the goal of becoming a global hot spot for patent litigation, with recent developments at the Delhi High Court creating incentives for plaintiffs to assert patent rights in India, say Ranganath Sudarshan at Covington and IP litigator Udit Sood.
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Takeaways From UPC's Amgen Patent Invalidity Analysis
The Unified Patent Court Central Division's decision in Regeneron v. Amgen to revoke a patent for lack of inventive step is particularly clear in its reasoning and highlights the risks to patentees of the new court's central revocation powers, say Jane Evenson and Caitlin Heard at CMS.
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UK Approach To AI Patentability Appears Settled For Now
After a High Court ruling upended the status quo last year, the Court of Appeal’s recent decision that Emotional Perception’s artificial neural network is not patentable represents a return to the U.K.’s familiar, albeit often complex, approach to patentability of artificial intelligence technology and computer programs generally, say lawyers at Potter Clarkson.
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AI Reforms Prompt Fintech Compliance Considerations
With the EU Artificial Intelligence Act's Aug. 1 enforcement, and the U.K.'s new plans to introduce AI reforms, fintech companies should consider how to best focus limited resources as they balance innovation and compliance, says Nicola Kerr-Shaw at Skadden.
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10 Ways To Manage AI Risks In Service Contracts
With the European Union Artificial Intelligence Act coming into force on Aug. 1 and introducing a new regulatory risk, and with AI technology continuing to develop at pace, parties to services arrangements should employ mechanisms now to build in flexibility and get on the front foot, says James Longster at Travers Smith.
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What Future May Hold For AI Innovation In UK Under Labour
Labour’s recent King's Speech was notable in its absence of discussion of a comprehensive artificial intelligence bill, and while this may indicate to many that the UK is open for business, the party’s approach to cross-sectoral engagement will be critical for shaping Britain's AI landscape in the near term, says Alexander Amato-Cravero at Herbert Smith.
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Don't Wing Settlements: Lessons From Morley's TM Ruling
In Morley's v. Sivakumar, the Intellectual Property Enterprise Court recently found that a fast-food franchiser had breached a fried chicken franchise's trademark rights, despite a prior settlement agreement, offering lessons on drafting express terms to ensure IP protection, say Nessa Khandaker and Clare Cornell at Finnegan.
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Use Or Lose It: European TM Ruling Stresses 'Genuine Use'
The European Union General Court recently dismissed an action to revoke trademark protections for a lack of use in Sta Grupa v. EU Intellectual Property Office, offering significant insight into the intricacies of assessing evidence of genuine use in revocation actions, says Sumi Nadarajah at FRKelly.
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1 Year At The UPC: Implications For Transatlantic Disputes
In its first year, the Unified Patent Court has issued important decisions on procedures like provisional measures, but complexities remain when it comes to coordinating proceedings across jurisdictions like the U.S. due to differences in timelines and discovery practices, say attorneys at McDermott.
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Trends, Tips From 7 Years Of EPO Antibody Patent Appeals
Recent years of European Patent Office decisions reveal some surprising differences between appeals involving therapeutic antibody patents and those for other technologies, offering useful insight into this developing area of European case law for future antibody patent applicants, say Alex Epstein and Jane Evenson at CMS.