12th Feb 2020
In February 2018 we reported on the decision of Mr Justice Arnold in the UK High Court trade mark litigation involving various Sky companies (Sky plc, Sky International AG and Sky UK Limited – ‘Sky’) and SkyKick (SkyKick UK Limited and SkyKick Inc). On 29 January 2020 the Court of Justice of the EU (CJEU) delivered its judgement on the questions referred by the UK court. Details of the CJEU’s judgement and what it means in practice are set out below.
5th Feb 2020
Harry and Meghan have had the spotlight of the world’s media on them in the last few weeks. But for us, it is great to see the level of interest that has been paid to their trade mark applications. It’s not just the IP blogs and trade journals that have been commenting on their efforts to secure legal protection for their brand – the SUSSEX ROYAL trade mark has been making headlines across the mainstream press as well, which is not surprising given the challenges ahead for the Sussexes’ applications.
15th Jan 2020
A recent decision of the General Court demonstrates that a trade mark may be refused if it is considered to be contrary to public policy in one or more of the EU Member States, even though the grounds of refusal might not apply throughout the EU.
23rd Dec 2019
October 2019 saw the opening (and closing) of graffiti artist Banksy’s pop–up shop, Gross Domestic Product, in Croydon. According to the artist, the main motivation behind the opening of the store was, “possibly the least poetic reason to ever make some art” – a trade mark dispute.
20th Dec 2019
A recent decision of the General Court provides a useful review of the requirements for proving genuine use of a mark, and also shows that use of a mark in a single Member State of the EU may be sufficient to prove genuine use of an EUTM. This has been the subject of some controversy over the years, with many cases demonstrating that even quite substantial use in a single Member State will not necessarily be sufficient where an EUTM is concerned.
5th Dec 2019
A recent decision of the UK IPO in opposition proceedings illustrates the need to be able to supply appropriate and adequate evidence of use if an Opponent relies on an earlier right which has been registered for more than 5 years. It also serves as a reminder that you will not be awarded costs even if you are the winning party, unless you actually ask for them!
19th Nov 2019
Consumer outrage against e-retailer Backcountry.com illustrates the risks of taking an overly aggressive approach to the enforcement of trade mark rights, particularly where the mark in question is arguably quite descriptive.
15th Nov 2019
A recent decision of the UK IPO demonstrates the importance of filing evidence of reputation, if available, as well as sufficient evidence of use when an opposition relies on a mark which has been registered for more than 5 years.