Intellectual Property UK

  • June 12, 2024

    Nike 'Footware' TM Too Descriptive To Defeat Puma Challenge

    Nike cannot resurrect its trademark for the phrase "footware," a European Union court ruled on Wednesday, siding with rival Puma that the word was too descriptive to warrant intellectual property protections.

  • June 12, 2024

    Anheuser's TM 'Ultra' No More As EU Court Sides With Amstel

    Amstel on Wednesday was successful in persuading a European Union court to overturn a ruling that Anheuser-Busch's "Ultra" beer trademark is distinctive, proving that it's a generic term that does not merit protection.

  • June 12, 2024

    Sony Music Unit Sued By Label Over Viral TikTok Hit

    Sony Music unit Ministry of Sound Records has been hit with a copyright claim by a U.K. record label for releasing a version of artist Jay Sean's 2008 hit "Ride It" after a DJ's remake went viral on TikTok.

  • June 12, 2024

    Tour De France Loses Fight Against Gym's 'Tour De X' TM

    The organizer of the Tour de France cycle race lost its challenge against a German gym chain's "Tour de X" trademark Wednesday, after a European court ruled that many cycling competitions use the words "tour de."

  • June 12, 2024

    Google's GPay TM Gets Declined In Europe

    Google lost its appeal on Wednesday after seeking to revive its "GPay" trademark for electronic payment services as a European court ruled that a Bulgarian rival had already cornered the digital market with "ePay."

  • June 11, 2024

    Lenovo Knocks Bid To 'Treble' Payment For SEPs

    Lenovo hit back at InterDigital's contentions that a landmark patent ruling underestimated what the Chinese company should pay to license its essential wireless technology patents, claiming that the bid to "essentially triple" the sum should be thrown out.

  • June 11, 2024

    Alaska Airlines Loses Fight To Dodge $160M Virgin Royalties

    Alaska Airlines lost its fight against Virgin on Tuesday to avoid paying $160 million in royalties, with a London appeals court ruling that the carrier still had to pay even if it did not use Virgin's branding.

  • June 11, 2024

    Nike Loses Appeal Against Geox Boomerang-Shaped TM

    Nike failed to stop Geox from registering a boomerang-shaped trademark after European officials rejected the sportswear giant's arguments that the shape was too simple and didn't send buyers a message about the goods' origin.

  • June 11, 2024

    Klarna Gets 2nd Shot To Trim Startup's 'Klar' TM

    Buy-now, pay-later giant Klarna has won another chance at restricting a German data analytics' "Klar" mark, after a European appeals board ruled the officials had not properly taken the fintech's reputation into account.

  • June 11, 2024

    Berkshire Hathaway Unit Loses Patent For Engine Lubricant

    A specialty chemical maker has convinced European officials to revoke a patent covering an engine lubrication system belonging to Berkshire Hathaway-owned Lubrizol by arguing that scientists would have eventually made the invention without much effort.

  • June 11, 2024

    Royal Mail Accused Of Monopoly In Address Database Dispute

    A software developer has hit back at Royal Mail's copyright infringement claim, accusing the postal service of holding a monopoly over the market for address searching software in the U.K.

  • June 10, 2024

    University, Astellas Fight To Keep Prostate Cancer Patent

    The University of California's governing board clashed with three generic-drug makers trying to revoke the institution's patent for a prostate cancer drug in a London court Monday, arguing that the institution's patent should be ruled to be innovative and not obvious.

  • June 10, 2024

    InterDigital Says Court Lowballed Lenovo FRAND Rate

    Counsel for InterDigital told a London appeals court Monday that a trial judge failed to adjust for "heavy discounts" on past sales when determining a fair, reasonable and non-discriminatory licensing rate for Lenovo to pay for a suite of its essential wireless technology patents.

  • June 10, 2024

    Frozen Cocktail Biz Melts Gelato Chain's 'Amori' TM Protests

    A gelato chain cannot block a frozen cocktail company from registering its "Amori Gelato Cocktails" trademark because there's no real risk of consumers confusing the mark with its earlier "Amorino" sign, the U.K. Intellectual Property Office has ruled.

  • June 10, 2024

    Gilead Beats Fresh Challenge To Hepatitis C Drug Patent

    Gilead Pharmasset LLC has beaten a challenge from a group of pharmaceutical rivals to its patent for a hepatitis C drug, dealing a fresh blow to medical nonprofits that have fought to open the door to cheaper generics.

  • June 10, 2024

    Oil Well Plugging System Does Not Infringe Rival's Patent

    Two technology companies have won a declaration that their oil well plugging device does not infringe a rival's patents over similar tech, convincing an intellectual property officer that the systems "wash" disused wells in different ways.

  • June 10, 2024

    Luxembourg Research Institute Loses Database Patent Bid

    A Luxembourg research organization on Monday lost its bid to register a patent for algorithms for updating databases, with a European Patent Office appeals board concluding that the method was obvious to a person skilled in computing.

  • June 10, 2024

    Amazon Sold Facial Tech To Russia, Ex-Employee Alleges

    A former Amazon worker has alleged that the technology giant sold facial recognition software to a Russian company in violation of U.K. sanctions.

  • June 07, 2024

    Crypto Developers Fight To Gag Wright After 'Satoshi' Trial

    A group of cryptocurrency asset developers urged a London judge on Friday to order Australian computer scientist Craig Wright to never again assert that he is the pseudonymous inventor of bitcoin Satoshi Nakamoto, arguing it was the best way to end his "campaign of dishonesty."

  • June 07, 2024

    5 Questions For Finnegan UK TM Chief Clare Cornell

    Clare Cornell, the head of Finnegan Henderson Farabow Garrett & Dunner LLP's trademark group in London, talks to Law360 about the appeal of working on trademarks and how Finnegan's practice has evolved since she joined in 2016.

  • June 07, 2024

    Patent Firm Seeks To Ax Claim Over £1.5M Settlement Advice

    Patent solicitors Atkinson Wheller Ltd. asked a court Friday to throw out a negligence claim brought on behalf of a former client, because the deed transferring the claim to a law firm was "void and unenforceable."

  • June 07, 2024

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

    The past week in London has seen British broadcaster GB News hit with a libel claim by climate activist Dale Vince, MGM take aim at an immersive events company over intellectual property rights to the James Bond franchise, and law firms Stephenson Harwood and Bowen-Morris & Partners tackle a contracts claim by investment adviser Yieldstreet. Here, Law360 looks at these and other new claims in the U.K.

  • June 07, 2024

    Nestlé Loses EU Patent For Sterile Baby Food

    The appeals division of the European Union's patent authority has pulled the plug on a patent owned by Nestlé for a type of sterilized baby food after a German law firm persuaded an appeals board that it was too vague.

  • June 07, 2024

    BASF Loses Bid To Block Rival's Plastics Patent

    Austrian plastics maker Borealis has fought off BASF's second attack on a patent related to a commodity plastic used in products like surgical masks, after European officials ruled that the combined use of specific components was inventive.

  • June 06, 2024

    UK, US Team Up On Standard-Essential Patents

    The U.S. Patent and Trademark Office and U.K. Intellectual Property Office each announced a five-year agreement Thursday to collaborate on policy for standard-essential patents.

Expert Analysis

  • Cos. Increasingly Must Protect And Manage Intangible Assets

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    As investors increasingly reward companies for their institutional knowledge and intellectual capital, there is a growing urgency for organizations — especially their chief legal officers — to identify, protect and fully realize the value of intangible assets, says Paul Garland at Deloitte.

  • EU's AI Act: Pitfalls And Opportunities For Data Collectors

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    The European Union’s new Artificial Intelligence Act entails explicit requirements and limitations throughout the AI value chain that might affect firms directly or indirectly dealing with AI development, such as data-as-a-service companies and web scraping providers, says Denas Grybauskas at Oxylabs.

  • Potential EPO Reproducibility Ruling May Affect IP Strategies

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    A potential European Patent Office decision in referral G1/23, concerning the reproducibility criteria for patenting commercial products, may affect how disclosures are assessed as prior art and could influence how companies weigh protecting innovations as trade secrets versus patents, says Michael Stott at Mathys & Squire.

  • Tips For Companies Tapping Into Commercial Cleantech

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    A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.

  • UPC Appeal Ruling Clarifies Language Change Framework

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    In 10x Genomics v. Curio Bioscience, the Unified Patent Court recently allowed proceedings to be conducted in English, rather than German, shedding light on the framework on UPC language change applications and hopefully helping prevent future disputes, say Conor McLaughlin and Nina O'Sullivan at Mishcon de Reya.

  • UK Trademark Law May Further Diverge From EU Standards

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    The recently enacted Retained EU Law Act, which removes the principle of EU law supremacy, offers a path for U.K. trademark law to distance itself even further from EU precedent — beyond the existing differences between the two trademark examination processes, say David Kemp and Michael Shaw at Marks & Clerk.

  • How Clinical Trials Affect Patentability In US And Europe

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    A comparison of recent U.S. and European patent decisions — concerning the effect of disclosures in clinical trials on the patentability of products — offers guidance on good practice for companies dealing with public use issues and prior art documents in these commercially important jurisdictions, say lawyers at Finnegan.

  • Breaking Down The EPO's Revised Practice Guidelines

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    The European Patent Office's updated guidelines for examination recently took effect and include significant changes related to the priority right presumption, the concept of plausibility and artificial intelligence, providing invaluable insight on obtaining patents from the office, say lawyers at Finnegan.

  • UK Amazon Ruling Spotlights TM Rights In International Sales

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    Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.

  • Comparing The UK And EU Approaches To AI Regulation

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    While there are significant points of convergence between the recently published U.K. approach to artificial intelligence regulation and the EU AI Act, there is also notable divergence between them, and it appears that the U.K. will remain a less regulatory environment for AI in the foreseeable future, say lawyers at Steptoe.

  • Design Rights Can Build IP Protection, EU Lego Ruling Shows

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    The EU General Court's recent ruling in Delta Sport v. EU Intellectual Property Office — that Lego's registered community design for a building block was valid — helps clarify when technically dictated designs can enjoy IP protection, and demonstrates how companies can strategically use design rights to protect and enhance their market position, says Christoph Moeller at Mewburn Ellis.

  • ECJ Ruling Clarifies Lawyer Independence Questions

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    The European Court of Justice's recent ruling in Bonnanwalt v. EU Intellectual Property Office, finding that a law firm had maintained independence despite being owned by its client, serves as a pivotal reference point to understanding the contours of legal representation before EU courts, say James Tumbridge and Benedict Sharrock-Harris at Venner Shipley.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Patent Plausibility Uncertainty Persists, EPO Petition Shows

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    While a recent petition for review at the European Patent Office — maintaining that the Board of Appeal misapplied the Enlarged Board of Appeal's order on whether a patent is "plausible" — highlights the continued uncertainty surrounding the plausibility concept, the outcome could provide useful guidance on the interpretation of orders, say lawyers at Finnegan.

  • UMG-TikTok IP Rift Highlights Effective Rights Control Issues

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    Despite Universal Music Group's recent withdrawal of TikTok's licensing rights to its music catalog, the platform struggles to control uploads and reproductions of copyrighted material, highlighting the inherent tension between creative freedom and effective rights control in the age of social media, says Simon Goodbody at Bray & Krais.

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