Tag:Europe

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Make Protecting Your UK and EU Product Packaging and Labels Your New Year’s IP Resolution. Part 1: Protect Unique Packaging in the EU
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SkyKick v Sky: A Debrief of the Latest Developments
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Can Industrial Designs Be Protected by Copyright in the United Kingdom? The WaterRower is Not Protected by Copyright in the United Kingdom
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UKIPO Issues Guidance on Design Applications for Products Consisting of Multiple Components
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Historic 27th WIPO Treaty: WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge
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UK Supreme Court Judgment Finds Directors may not be Liable for IP Infringement Without Knowledge of Essential Facts
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The UKIPO Updates its Policies to Tackle Ineffective Addresses for Service
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A Lidl Decision With Big Implications–Court Of Appeal Edition
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Artistic Value May Prevent Protection of the Vespa Shape as a Trade Mark in Italy
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The Cloudy World of Look-a-Like Products – Aldi Successfully Defends Allegations of Trade Mark Infringement

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

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.

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SkyKick v Sky: A Debrief of the Latest Developments

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.

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

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.

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UKIPO Issues Guidance on Design Applications for Products Consisting of Multiple Components

The UKIPO has published an updated Design Practice Note on design applications for products that consist of multiple components. The Practice Note clarifies what is acceptable in a single design application under UK design practice.

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Historic 27th WIPO Treaty: WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge

WIPO member states have adopted a new Treaty related to intellectual property, genetic resources and associated traditional knowledge, marking the 27th WIPO treaty, and the first in over a decade.

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UK Supreme Court Judgment Finds Directors may not be Liable for IP Infringement Without Knowledge of Essential Facts

Earlier this month in Lifestyle Equities CV and another v Ahmed and another the Supreme Court of the United Kingdom held that the company directors of Hornby Street Limited, siblings Kashif and Bushra Ahmed, were not jointly liable with their company for trade mark infringement.

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The UKIPO Updates its Policies to Tackle Ineffective Addresses for Service

The UK Intellectual Property Office (UKIPO) has released an update this month in relation to the issue of trade mark applicants and owners providing a valid address for service. Particularly following Brexit there has been concerns about would-be trade mark owners filing applications with false or ineffective addresses for service and as a result the UKIPO is now taking a more proactive approach using their powers under Rule 11 of the Trade Mark Rules 2008.

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A Lidl Decision With Big Implications–Court Of Appeal Edition

The Court of Appeal of England and Wales upheld the previous judgment (see here) that Tesco Clubcard logos infringed Lidl’s trade marks and constituted passing off. Although it found that Tesco did not infringe Lidl’s copyright, it is time for Tesco to rebrand its Clubcard logo.

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Artistic Value May Prevent Protection of the Vespa Shape as a Trade Mark in Italy

The Italian Supreme Court recently issued a decision addressing whether the Vespa shape, already protected under copyright, was precluded from registration as a 3D mark. According to the Court, a shape’s artistic value usually confers substantial value which prohibits trade mark registration under Italian law.

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The Cloudy World of Look-a-Like Products – Aldi Successfully Defends Allegations of Trade Mark Infringement

Recently the High Court of Justice of England and Wales handed down its judgment in a trade mark infringement proceeding between Aldi v Thatcher’s that had been being watched by many.

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