When will a small local business own goodwill?
This article examines the legal principles and considers the implications for brand owners managing goodwill in local businesses.
Read more
How can brands avoid a dogfight when using comparative advertising?
There is a fine line between fair competition and trade mark infringement - in this article, one IP expert breaks down the differences and how they applied in a relevant 2024 case.
Read more
Lidl v Tesco – when is a trade mark a legal weapon?
In the latest instalment of the clash between supermarket giants Lidl and Tesco, the English Court of Appeal provided valuable clarification on key issues of consumer perception, evidential thresholds, and bad faith registration — all of which have wide-ranging implications for brand owners and marketing practices in the retail sector.
Read more
When will post-sale confusion be relevant to the assessment of trade mark infringement?
The outcome of the recent Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc & Anor case raises interesting questions for post-sale confusion. Our trade mark experts discuss.
Read more
Industrial v Intelligent: when is acquiescence a defence to trade mark infringement?
The Court of Appeal's decision in Industrial Cleaning v Intelligent Cleaning brought to light important considerations concerning the defence of acquiescence in claims for trade mark infringement and passing off in the UK. Here's everything you need to know.
Read more
PicArt Print & Design v. Daniel Platten, UKIPO decision O/487/22
Design disputes tend to focus on the comparison between the design as registered and the prior art. The case PicArt Print & Design v. Daniel Platten is no exception.
Read more
Plant varieties post-Brexit: protection in the UK
Brexit has changed the way intellectual property rights are sought and protected, in many ways. Pre-Brexit, anyone seeking to protect plant varieties in the UK and/or EU member states made a single application to the Community Plant Variety Office (CPVO); however, as of 1 January 2021, this is no longer possible.
Read more
Rule changes in India: simplifying requirements for filing Working Statements
Indian patent law requires all patentees to file an annual Statement of Working, by means of a Form 27. This Statement sets out the extent to which the patented invention has been worked (or not) on a commercial scale in India.
Read more
IRONBURG V. VALVE: Protecting innovation in the USA
In a case of British “David” v. US “Goliath”, Ironburg v. Valve demonstrates the value for UK based companies to pursue a global patent strategy to protect their innovation overseas, particularly those in the gaming industry for which the US is a major market.
Read more
Fit Kitchen Ltd – triumphant at the IPEC
Summary A small healthy ready meal delivery business Fit Kitchen Limited (FKL) saw victory at
Read more
