Intellectual Property UK

  • March 06, 2024

    Amazon Liable For Knockoffs On US Site That Infringe UK TMs

    Amazon can be held accountable for infringing European or U.K. trademarks by marketing knockoff items listed on its U.S. marketplace to local customers, Britain's top court concluded Wednesday, a landmark decision that makes it easier for brands to enforce intellectual property on global e-commerce platforms.

  • March 05, 2024

    Gibson Dunn AI Leader On Weathering The AI Policy Blizzard

    Like a mountaineer leading a team through a snowstorm, Gibson Dunn & Crutcher LLP's artificial intelligence co-chair Cassandra L. Gaedt-Sheckter is guiding companies developing and using artificial intelligence through a blizzard of new laws and regulations coming online in Europe and the U.S., saying that assessing AI risks is the North Star to mitigating them.

  • March 05, 2024

    4 Ways For Employers To Protect Trade Secrets

    Businesses that want to prevent employees from disclosing trade secrets — maliciously or otherwise — must shield the information while also ensuring at the same time that staff understand the consequences of revealing confidential material. Here experts offer four key strategies to keep that sensitive information under wraps.

  • March 05, 2024

    LG's Lawn Mower Patent Takes Root On 3rd Appeal

    European officials have ruled that LG Electronics can finally patent a robotic lawn mower after the company trimmed its original application three times, ruling that it was cutting new turf in the field.

  • March 05, 2024

    Repsol Beats Lufthansa Unit In R+, AirPlus EU TM Clash

    Repsol has fought off a Lufthansa unit's bid to block its "R+" trademark after convincing a European appeals board that consumers would not confuse the sign with the German carrier's "AirPlus" set of logos.

  • March 05, 2024

    French State-Owned Railway SNCF Settles TM Dispute

    France's state-owned railway operator has settled its trademark spat with a Polish public transport research and development firm, after the Polish company agreed to drop its proposed branding for a range of transport-related products and services.

  • March 05, 2024

    Spanish Pharma Unit Blights Blood Donation Firm's TM Bid

    A subsidiary of Grifols SA has left a blood donation company's "Amber Plasma" trademark hopes in tatters, persuading a European appeals panel to begin the process of blocking the "banal" sign for a lack of distinguishing features.

  • March 04, 2024

    Security Biz Can't Get Rival's Printing Patent Nixed At EPO

    A security company has lost its latest bid to overturn a competitor's plastic card printing patent, with an appeals panel saying Monday that the tech did not lack an inventive step over earlier designs.

  • March 04, 2024

    Mitsubishi's Image-Smoothing Patent Lacks Clarity, EPO Says

    A Mitsubishi unit has lost its latest shot at registering a European patent over its image-smoothing technology, with an appeals panel ruling that the company's explanation of its pixel filtering process was not clear enough.

  • March 04, 2024

    Ocado's Appeal Prompts Questions On UPC Public Access

    The Unified Patent Court is set to decide later in March whether the public should be granted access to court documents in one of its first landmark trials that could decide the future of the burgeoning court's approach to open justice.

  • March 04, 2024

    Food Company Gets Patent For Chocolate-Like Food Product

    A Japanese food manufacturer can patent its chocolate-like product, after European officials ruled that its heat-resistant properties were not a focus of earlier inventions, making the ingredient mixture new enough to merit protection.

  • March 04, 2024

    Reckitt Gets Patent For New Dyed Detergent On Appeal

    Reckitt Benckiser can patent a new automatic dishwashing product after European officials ruled that earlier inventors could only have made it by "using hindsight," despite opposition from a major rival.

  • March 01, 2024

    AI Art Tool Doesn't Infringe Getty IP, Stability Says

    The British company tied to popular artificial intelligence art platform Stable Diffusion has denied claims that it developed or used the software in any way that infringes Getty Images' intellectual property, marking a new chapter in the premier U.K. copyright claim over generative AI.

  • March 01, 2024

    TikTok Can't Shut Down Rival App TM Despite Identical Biz

    TikTok failed to stop the maker of the recently shuttered Tiki app from registering a trademark over its name, after U.K. intellectual property officials ruled that consumers wouldn't mix them up despite covering "self-evidently identical" goods.

  • March 01, 2024

    Wright Blames Enemies For Forged Email In Satoshi Trial

    Craig Wright hit back on Friday at accusations that he forged an email amid a trial over his claims that he is the inventor of bitcoin, telling a London court that an enemy could have doctored the message to sabotage his case.

  • March 01, 2024

    5 Questions For Mishcon De Reya's Campbell Forsyth

    When the British army mobilized Campbell Forsyth full-time shortly after 9/11, his comrades could hardly have predicted that he would become a deputy High Court judge less than two decades later. Here, he gives Law360 a window into his life as a judge and reflects on his journey into patent litigation.

  • March 01, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a legal battle between confectionary heavyweight Mars Wrigley UK and a frozen food manufacturer, a trademark infringement claim by Abbott Diabetes Care over glucose monitoring meters, Mercedes-Benz Group hit with two commercial fraud disputes, and the Mediterranean Shipping Company tackle a cargo claim by an insurance company. Here, Law360 looks at these and other new claims in the U.K.

  • March 01, 2024

    Printing Biz Revives Image Tech Patent Hopes At EPO

    A tech company has won another shot at getting a European patent for its image printing method, persuading an appeals panel that officials should not have blocked the application for a lack of clarity on insignificant aspects of the design.

  • February 29, 2024

    Bioscience Biz Can't Restore Catheter Needle Patent At EPO

    A bioscience company can't revive its European patent over a catheter needle safety device because the design's only new aspect — the plastic material it's made from — isn't inventive, an appeals panel said Thursday.

  • February 29, 2024

    EU SEP Bill Advances But Battle Over Impact Has Just Begun

    The European Parliament has voted overwhelmingly for reforms to the current standard-essential patent system, but experts expect critics to double down their efforts to amend the controversial proposal before it becomes law.

  • February 29, 2024

    Psychologist Beats Speech Therapist In 'Optima' TM Clash

    A psychologist has won his fight to nix a speech therapist's trademark for an "Optima Speech Therapy" logo, with the U.K. Intellectual Property Office concluding that customers would probably confuse the proposed mark with his own Optima brand.

  • February 29, 2024

    'Compton' TM Revived Over Weak NWA Rap Knowledge

    A European court has restored a Swiss company's "Compton" trademark for streetwear, finding that consumers were unlikely to have sufficient knowledge of gangsta rap to link it with the California city that found notoriety through a track by N.W.A.

  • February 29, 2024

    Skechers Out Of The Running With 'Just Step In' TM

    American sneakers giant Skechers has lost its bid for trademark protection over its "Just Step In" branding, with the European intellectual property authority saying the sign was not distinctive because the ordinary consumer would intuitively know it refers to slip-on footwear.

  • February 28, 2024

    Dexcom Rival Fights Its Bid To Tweak Glucose Monitor Patent

    A Korean medical tech company has asked a London court to block Dexcom's bid to tweak its diabetes management patent to avoid losing protections should the court rule that it's invalid.

  • February 28, 2024

    IPO Launches Campaign To Fight Risky Fake Cosmetics

    The Intellectual Property Office said Wednesday it wants to crack down on demand for fake beauty and hygiene products with a campaign designed to educate consumers called "Choose Safe Not Fake," following research that buyers were unaware of the health risks they posed.

Expert Analysis

  • Appointments Shape EU Unified Patent Court Before Launch

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    A series of judiciary appointments at the EU Unified Patent Court help put the court on track for its April opening, while also reflecting a patent-friendly enforcement system, say attorneys at Baker McKenzie.

  • 5 Considerations In Preparing For EU's New Patent System

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    With the upcoming implementation of the unitary patent and Unified Patent Court, Europe gets closer to its long-term goal of one EU patent that can be enforced in one court, and non-EU patent owners and applicants will have strategic decisions to make, say Fabian Koenigbauer at Ice Miller and Thomas Kronberger at Grünecker.

  • Reexamining Negative Limitations After Novartis Patent Ruling

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    The Federal Circuit's decision and denial of rehearing in Novartis v. Accord has created exacting standards that must be met in order for negative limitations in patent claims to satisfy the written description requirement, but whether the dissent is correct that the majority opinion heightened the standard is an arguable point, say Jonathan Fitzgerald and Jaime Choi at Snell & Wilmer.

  • UK Courts' 3rd-Party Disclosure Rule Sets Global Precedent

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    The quiet change about to take place in the English Civil Procedure Rules, enabling U.K. courts to require pre-action disclosure of information from overseas third parties, is uncharted territory and will have profound implications for any organization that handles assets on behalf of a party, says Simon Bushell at Seladore Legal.

  • Zara TM Ruling Shows Prefiling Clearance Is Always Advisable

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    The recent Trade Mark Tribunal decision regarding Zara and House of Zana demonstrates the importance of conducting prefiling clearance investigations, so that where opposition may be anticipated, a strategy can be put in place, says Melanie Harvey at Birketts.

  • Dutch Merger May Promote Behavioral Remedies Across EU

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    A Dutch tribunal's recent clearing of the Sanoma-Iddink deal might further encourage merging parties in the EU to offer — and government agencies to accept — behavioral remedies, which was rarer when more emphasis was put on divestments, says Robert Hardy at Greenberg Traurig.

  • How Will UK Address AI Patent Infringement?

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    As artificial intelligence-related patent litigation activity inevitably approaches, a review of U.K. principles of direct and indirect liability offers insight into how courts may address questions involving cloud-based technology and arguments related to training AI models, say Alexander Korenberg at Kilburn & Strode and Toby Bond at Bird & Bird.

  • Law Commission's 'Data Objects' Proposal Is Far-Reaching

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    The Law Commission’s proposals to recognize data objects as a new category of personal property would bring fundamental changes were they to be implemented, and would have significant ramifications for finance litigation, say attorneys at Norton Rose.

  • UK Rulings Give Chinese Courts Wide Powers In IP Disputes

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    The recent rulings in Nokia v. Oppo and Philips v. Oppo open the door for Chinese courts to adjudicate worldwide rate-setting terms for standard-essential patents, and in so doing present a timely wake-up call as to China's influence, say F. Scott Kieff at George Washington University Law School and Thomas Grant at the University of Cambridge.

  • Swatch V. Samsung Offers IP Warning To Platform Operators

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    The recent U.K. High Court decision of Swatch v. Samsung demonstrates that while platform operators may wish to exercise greater control over the apps distributed on their platforms, this carries with it a corresponding duty to apply due diligence to protect the intellectual property rights of third parties, say Alex Borthwick and William Hillson at Powell Gilbert.

  • Opinion

    The USPTO Should Give Ukraine Even More Help

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    The U.S. Patent and Trademark office should take three direct steps to help confer upon Ukraine's patent office the same benefits it previously granted to Russia's Rospatent, in addition to the sanctions the USPTO has already conferred in response to the attack on Ukraine, say David Kappos at Cravath, Teresa Summers at Summers Law Group and Andrew Baluch at Smith Baluch.

  • International Law May Protect Foreign Investors In Russia

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    Investment treaties that allow eligible foreign investors to bring claims for compensation by way of international arbitration may offer a better, or the only, avenue to recover losses for assets that have been seized by Russia, say attorneys at Cooley.

  • Amazon TM Ruling Proves Important For Global Websites

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    The U.K. Court of Appeal recently found that Amazon infringed Lifestyle Equities' trademark, and its analysis of whether there was an intention to target particular customers, provides welcome relief for brand owners and lessons on avoiding infringement for the operators of global websites, say Steven James and Hattie Chessher at Brown Rudnick.

  • Sheeran Ruling Raises Burden For Copyright Plaintiffs

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    In requiring proof of access, rather than proof of the possibility of access, the U.K. High Court’s decision in Ed Sheeran’s recent copyright case will provide some security to those in the music industry, say David Fink and Armound Ghoorchian at Venable.

  • Litigants Eager To Prove The Song Remains The Same

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    Recent lawsuits against Ed Sheeran and Dua Lipa, alleging their hit songs infringed others' copyrights, suggest that, despite the difficulty of proving musical plagiarism has occurred, the appetite for this type of litigation may be growing, says Nick Eziefula at Simkins.

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