UK

CJEU RULING IN COTY – GREATER ONLINE PROTECTION FOR LUXURY GOODS SUPPLIERS

In its hotly anticipated ruling in the Coty case, the Court of Justice of the EU (CJEU) has held that, in the context of a selective distribution system, a restriction imposed on an authorised retailer not to sell the goods through … Continue reading

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

UK Court of Appeal rules on validity of trade mark in light of prior existing localised goodwill

Summary The UK Court of Appeal in Caspian v Shah considered whether a trade mark could be invalidated on the grounds of prior existing third party goodwill in a confined geographical area. On 23 November 2017, the Court of Appeal … Continue reading

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

UK High Court rules on copyright and joint authorship: “useful jargon”, “helpful criticism” and “minor plot suggestions” are not enough

Summary and key findings The UK High Court, in Martin v Kogan, ruled, on 22 November 2017, that the defendant’s contribution to the screenplay for the film Florence Foster Jenkins, starring Hugh Grant and Meryl Streep in the role of … Continue reading

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Filed under Copyright, Media, Technology, media & telecommunications, UK

PATENT AND PHARMA UPDATE – November 2017

Key recent developments in the United Kingdom and Europe relating to the patents and pharmaceutical sector. One of the most significant developments in the patent law arena in recent years has been the decision of the Supreme Court in Actavis … Continue reading

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Filed under EU, Patents, Pharma, SPCs, The Unified Patent Court and the Unitary Patent, Threats, UK, Uncategorized

November UPC Update

In June we gave an update on the progress of the UPC, including the announcement by the UPC Preparatory Committee that the 1 December 2017 start date could not be maintained. We reported on the need for ratification of the UPC Agreement, … Continue reading

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Filed under EU, The Unified Patent Court and the Unitary Patent, UK

UK HIGH COURT RULES ON COPYRIGHT PROTECTION OF TV FORMATS FOR GAME SHOWS

Summary The High Court of England and Wales decided on 19 October 2017 that a particular television format document did not qualify for copyright protection as a dramatic work as its contents were unclear and lacking in specifics. Copyright protection … Continue reading

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Filed under Consumer products, Copyright, Format rights, Passing Off, Technology, media & telecommunications, UK

The High Court considers the doctrine of equivalents in the context of patent infringement and novelty

The High Court in Generics (U.K.) v Yeda Research has considered the correct approach to the interpretation of patent claims in light of the recent Supreme Court decision in Actavis v Eli Lilly. This High Court decision provides early indication … Continue reading

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Filed under Patents, Pharma, UK, Uncategorized

EU Trade Mark reforms come into force – motion, hologram and multimedia marks can now be registered

A number of EU trade mark reforms came into force on 1 October 2017.  The key changes are: The graphical representation requirement has been abolished. In theory, it should now be easier to file non-traditional forms of marks at EU … Continue reading

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

New Unjustified Threats Regime in force from 1 October 2017

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

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Filed under 3D printing, Advertising, Agribio, Agribusiness, Consumer products, Copyright, Counterfeiting, Databases, Designs, Energy, Media, Passing Off, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, Threats, Trade marks & Passing-off, Trade secrets, UK

“PORT CHARLOTTE” Whisky does not infringe the EU protected designation of origin (PDO) “PORTO” or “PORT” – Consideration needed urgently for protection of PDOs and GIs, UK and EU-wide, post-Brexit

The CJEU has confirmed that “Port Charlotte”, registered as an EU trade mark for whisky, does not evoke (infringe) the protected designation of origin (PDO) for “porto” or “port”. The decision will be significant for consumer products businesses as it … Continue reading

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