Europe – IP Law Watch

Life After Skykick: UKIPO Issued New Guidelines

Aug 06 2025

Following the Sky v. SkyKick judgement, issued in December 2024, the UKIPO has now issued a practice note providing applicants with guidance on drafting and filing trade mark applications in the UK. Sky v SkyKick highlighted that filing an application for unduly broad specifications of goods and services with no genuine intention to use the mark can constitute bad faith and applicants are now provided with the tools to avoid the most common pitfalls.

EU Designs: Genuine Design Activity and Intellectual Effort are not Required for Protection

Jul 18 2025

Advocate General Nicholas Emiliou has delivered his opinion in the case Deity Shoes, S.L. v Mundorama Confort, S.L. and another (Case C 323/24). The case considers whether a footwear design made by Deity Shoes, S.L. (Deity Shoes) qualified for protection as a design in the European Union and raised important questions about the relevance of the status of the designer’s effort and skill and surrounding factors in the assessment of design.

Perfume, Proof, and Parallel Imports: How Coty’s Traceability System Won a Trade Mark War

Jun 27 2025

Background

On 16 April 2025, the District Court of The Hague in the Netherlands handed down a decision relating to the complex issue of trade mark exhaustion in the context of parallel trade disputes.

Could This be the Ai-nswer? A Collective Copyright Licence for Generative AI Training

Apr 28 2025

The Copyright Licensing Agency (CLA), a United Kingdom (UK) not-for-profit, has announced that it is developing a Generative AI (GenAI) Training Licence, and is hoping to publish the licence in the third quarter of 2025.

No Copyright Protection for Birkenstock Sandals: A Significant Decision from the German Federal Court of Justice

Mar 11 2025

On 20 February 2025, the German Federal Supreme Court (BGH) delivered a landmark ruling in a case concerning the copyright protection of Birkenstock sandals. In its decision, the BGH firmly rejected the claim that Birkenstock’s sandal designs qualify for copyright as “applied art” under German copyright law. This judgment not only clarifies the scope of protection for industrial design works but also contrasts with prior rulings from regional courts in Hamburg and Cologne, highlighting the challenges of determining what constitutes “creative” or “artistic” design in functional products.

Unified Patent Court Publishes First Annual Report

Mar 10 2025

The Unified Patent Court (UPC) and the Unitary Patent, which launched on 1 June 2023, marked a historic milestone, allowing for the enforcement of patents across borders via a single court. The UPC has now issued its first Annual Report.

When Life Gives You Lemons….Thatchers Successful as Court of Appeal Finds Aldi Copycat Products Amount to Trade Mark Infringement in the United Kingdom

Jan 22 2025

On 20 January 2025, the English Court of Appeal handed down its judgment in a highly anticipated appeal by Thatchers Cider Company, concluding that Aldi had infringed Thatchers’ registered trade mark under section 10(3) of the Trade Marks Act 1994, by taking unfair advantage of Thatchers’ packaging trade mark (see comparison below).

Make Protecting Your UK and EU Product Packaging and Labels Your New Year’s IP Resolution. Part 1: Protect Unique Packaging in the EU

Jan 16 2025

New developments in Europe make a filing strategy for registered designs and trade marks even more essential for the modern consumer business. Read on to find out more.

SkyKick v Sky: A Debrief of the Latest Developments

Nov 22 2024

The UK Supreme Court recently handed down its judgment in the long-running SkyKick v Sky trade mark battle. The court considered the key issue of ‘bad faith’ applied to the over-claiming practice and its implications for trade mark infringement matters.

Can Industrial Designs Be Protected by Copyright in the United Kingdom? The WaterRower is Not Protected by Copyright in the United Kingdom

Nov 18 2024

Earlier this week, the Intellectual Property Enterprise Court (IPEC) handed down the long-awaited decision in the WaterRower v Liking [2024] EWHC 2806 (IPEC) case. It is seen as a key judgement exploring the boundaries of copyright protection in the United Kingdom.

Tag:Europe

Background