There were 85 invalidity decisions issued between 1 July 2020 and 30 September 2020. 41 invalidity actions (48%) were successful, meaning that the contested registered Community design was invalidated by the Invalidity Division. 44 invalidity actions (51%) were unsuccessful, meaning that the application for a declaration of invalidity was rejected and the RCD was maintained as registered.
Insights: Branding & Design
We consider invalidity decisions issued by the EUIPO during the second quarter of 2020, from 1 April 2020 to 30 June 2020. Registered Community designs (RCDs) protect the shape and appearance of new products across the whole of the EU. Since national court decisions on RCDs are rare, decisions by the EUIPO’s Invalidity Division help us to understand how the validity of an RCD is interpreted.
OFF-WHITE wins its appeal at the General Court to register the OFF-WHITE black and white logo trade mark
OFF-WHITE has won its appeal at the General Court to register the OFF-WHITE black and white logo trade mark in the EU following the decision of the EUIPO that the mark is inherently descriptive and non-distinctive.
Manchester United FC has initiated trade mark infringement proceedings in the High Court against SEGA Publishing Europe Limited, the European arm of the Japanese video-game brand, and Sports Interactive Limited, producers of the video game Football Manager®. The game Football Manager® has been around since 1992 and is a hugely successful football management simulation video game. Players can manage their own virtual equivalents of real life clubs, controlling everything from pre-season transfers to the tactics on the pitch.
In November 2019, Reddie & Grose reported on a decision of the UK IPO in relation to a partially-successful opposition by Unilever PLC to UK Application No 3298871. The applicant’s appeal against this decision has now been dismissed, despite an acknowledgement from the Appointed Person that “valid criticisms” had been made about Unilever’s evidence of use as part of their opposition. This case confirms the well-established principle that it is not essential to file specific types of evidence in order to prove use of a mark, but that the evidence as a whole must demonstrate genuine use. It also suggests that genuine use of a mark may be found even if the evidence filed relates to a precursor of the protected goods, rather than the protected goods themselves: in this case, the relevant protected goods were “ice cream”, while the evidence primarily related to sales of ice cream mix.
Reddie & Grose’s Brighton-based trade mark attorneys report on the most recent football team trade mark application to catch the headlines. Brighton and Hove Albion FC (‘BHAFC’) have caused a bit of a stir in the press and among some of their fans by applying to register ALBION and THE ALBION as UK trade marks. The concern is that BHAFC have unjustly laid claim to an ancient name for the British Isles and that this move will cause problems for the many local businesses that also use the word ALBION. We love seeing the mainstream press pay attention to trade mark applications, but in this case fans need not worry about BHAFC overstepping the mark with their trade mark protection.
Because of the disruption caused by the Covid 19 pandemic, since 24 March 2020 the UK IPO has treated every day as an “interrupted day” as far as deadlines are concerned. This applies to UK applications and registrations for: patents, supplementary protection certificates, trade marks, designs. It also applies to deadlines in proceedings relating to these rights, such as oppositions and invalidity actions.
Will digital be the new norm for fashion brands following Covid-19 pandemic & how will this impact designers’ right to Community unregistered design protection?
With Covid-19 taking over 2020, fashion brands are having to come up with new and innovative ways to let the world know about their upcoming designs while adhering to social distancing rules due to the pandemic. Last Friday kicked off London Fashion Week’s first ever digital event, which includes live streams, visual lookbooks, interactive timelines and 360 degree photos and videos to show designers’ upcoming collections.So, has digital become the new normal for fashion brands to debut their new collections?