Trade marks & Passing-off

Court of Appeal foils Kit Kat on acquired distinctiveness

In the latest instalment of a ten year battle to register the shape of the Kit Kat bar as a UK trade mark, the Court of Appeal has dismissed Nestlé's appeal in Société des Produits Nestlé v Cadbury UK Ltd … Continue reading

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Filed under Consumer products, Trade marks & Passing-off, UK

More flexibility to threaten IP proceedings in the UK under new Unjustified Threats legislation

Threatening proceedings for intellectual property right infringement can sometimes backfire. In relation to patents, trade marks and designs, there is a right to bring an action against the threatener by any person aggrieved by the threat, who may not necessarily … Continue reading

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Filed under Advertising, Agribio, Agribusiness, Consumer products, Copyright, Databases, Designs, Energy, Media, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, Trade marks & Passing-off, Trade secrets, UK

3D Printing and IP – Herbert Smith Freehills publishes Practice Note on 3D printing published by Practical Law IP&IT

Our Practice Note on 3D printing published by Practical Law here: https://uk.practicallaw.thomsonreuters.com/Document/I3466c5d71a1711e798dc8b09b4f043e0/View/FullText.html?transitionType=SearchItem&contextData=(sc.Search)&firstPage=true&bhcp=1 provides an overview of the 3D printing industry and highlights the challenges for intellectual property (IP) rights-holders when seeking to enforce their rights if they are infringed by 3D … Continue reading

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Filed under 3D printing, Consumer products, Copyright, Counterfeiting, Designs, Licensing, Patents, Technology, media & telecommunications, Trade marks & Passing-off, Trade secrets, UK, Uncategorized

Practice note for Practical Law IP&IT on Protecting Brands via Intermediaries

Our Practice Note commissioned by Practical Law IP&IT is a guide to the options available to brand owners when seeking to enforce their rights against intermediaries, such as ISPs, including website-blocking injunctions, take-down notices and domain-name seizures. Read the note … Continue reading

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Filed under Advertising, Consumer products, Copyright, Counterfeiting, Trade marks & Passing-off, UK

Helping FMCG businesses plan for a post-Brexit future

Businesses with interwoven supply chains across the EU and beyond have already felt the effects of a weaker pound, with increasing costs of sourcing raw materials and packaging leaving some organisations no choice but to inflate consumer prices. Combine this … Continue reading

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Filed under Consumer products, Designs, EU, Trade marks & Passing-off, Trade secrets, UK

Brexit: Intellectual Property

Whatever future relationship the UK has with the rest of the EU, the effect of the Great Repeal Bill, once enacted, will mean that any existing intellectual property law having effect in the UK will continue to apply as it … Continue reading

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Filed under Consumer products, Designs, EU, Licensing, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, Trade marks & Passing-off, Trade secrets, Transactions, UK

The Rubik’s Cube to lose its shape mark protection

Joel Smith and Sarah Burke have had an article published in OUP's Journal of Intellectual Property Law and Practice: "The Rubik's Cube to lose its shape mark protection" published on 22 January 2017, which discusses the European Union's General Court decision of 10 November … Continue reading

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Filed under Consumer products, EU, Trade marks & Passing-off, UK

Out ‘plumb’: High Court of England and Wales considers the honest concurrent use defence to trade mark infringement

Joel Smith and and Mitchell Beebe have had an article published in OUP's Journal of Intellectual Property Law and Practice "Out ‘plumb’: High Court of England and Wales considers the honest concurrent use defence to trade mark infringement" which reviews Carr J's … Continue reading

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Filed under Consumer products, Trade marks & Passing-off, UK

Brexit – what IP issues to consider now

We set out our thoughts and predictions upon how protection and enforcement of IP in the UK may be impacted once Brexit arrives. We have also suggested some immediate action points for consideration in the weeks or months to come, … Continue reading

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Filed under Agribio, Agribusiness, Consumer products, Designs, EU, Licensing, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, Trade marks & Passing-off, Trade secrets, Transactions, UK

Brands force ISPs to block sites selling infringing goods and counterfeits

The Court of Appeal has confirmed that the English courts have jurisdiction to make blocking orders against internet service providers ("ISPs") in the trade mark context, as well as in respect of copyright works. In Cartier, Montblanc and Richemont v … Continue reading

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Filed under Copyright, Media, Technology, media & telecommunications, Trade marks & Passing-off, UK