Intellectual Property UK

  • June 14, 2024

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

    This past week in London has seen toy company Jellycat hit supermarket Aldi with an intellectual property claim, AIG start proceedings against firefighting foam company Angus International Safety Group, and the Solicitors Regulation Authority file a legal claim against the Post Office amid the ongoing Horizon IT scandal. Here, Law360 looks at these and other new claims in the U.K.

  • June 14, 2024

    EasyGroup Says Charity Platform Website Breached Its TM

    The parent group of the easyJet budget airline said on the first day of trial Friday that an online fundraising platform for charities' use of "easy" at the start of its name could lead customers to confuse it with EasyGroup Ltd. 's trademark.

  • June 14, 2024

    Bitcoin 'Inventor' Drops Case Against Software Developers

    Lawyers for the man who failed to prove he invented bitcoin told a London court on Friday that he has dropped a case brought by his company against software developers as it also turned on his claim to be the pseudonymous inventor of the virtual currency.

  • June 13, 2024

    Labour, Tories Tout AI Innovation While Skirting IP Concerns

    Both major parties have vowed in their election manifestos to position the U.K. at the forefront of artificial intelligence development and to use the technology to bolster public services, but they largely ignored complaints that developers have run roughshod over intellectual property rights.

  • June 13, 2024

    Shakespeare Martineau-Led Armor Biz Buys Rival's IP Assets

    A Shakespeare Martineau LLP-led armor manufacturer has secured a rival company's intellectual property portfolio after it entered administration earlier this year, the law firm said Thursday.

  • June 13, 2024

    Uber Wipes Out Cleaning Co.'s 'UberPro' TM

    Uber convinced U.K. intellectual property officials to throw out a Swedish cleaning company's "UberPro" trademark, with the intellectual property body concluding that customers' negative experiences with the cleaning business could damage the ride-hailing giant's reputation.

  • June 13, 2024

    Meta Facing Complaint Over Plans To Train AI With User Data

    A Norwegian consumer protection group has hit Meta with a legal challenge over its plans to deploy its users' data — including images and posts — to train artificial intelligence models.

  • June 13, 2024

    Influencer Style Platform Loses Screenshot Linking Patent

    An influencer shopping platform cannot patent a screenshot-analyzing method that gives users links for the advertised shirts or heels displayed in the pictures, after European officials ruled it was adding in extra features that weren't in the original application.

  • June 13, 2024

    Samsung Polishes Off Cleaning Robot Patent Protests At EPO

    Samsung has beaten a challenge to the validity of its European patent over a cleaning robot, convincing an appeals panel that the design adopted multiple sensors in a way that wasn't obvious.

  • 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.

Expert Analysis

  • AI And Copyright: Tracking The Ownership Issues

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    The rise of generative AI has created copyright and ownership challenges in creative industries, but contractual agreements, intellectual property law and AI-specific regulations can be used to address these issues, says Kimiya Shams at Devialet.

  • How Ed Sheeran's Serenade May Have Swayed The Jury

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    While Ed Sheeran's performance of his hit song "Thinking Out Loud" at trial could not protect him from the subconscious copying doctrine, it may have tapped into jurors' intuitions about independent creation, winning him the copyright infringement suit over the song, says Christopher Buccafusco at Duke University School of Law.

  • An Overlooked Tool To Fight USPTO 'Restriction'

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    Over the last several years, we have seen the U.S. Patent and Trademark Office more commonly impose flimsy restrictions on patent applications under the "one invention per application" rule, and practitioners underutilize petition as a means to challenge them, say George Chaclas and Emily Ferriter Russo at Day Pitney.

  • Opinion

    AI-Generated Works Should Not Have Copyright Protection

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    The U.S. Copyright Office has correctly determined that works created solely by artificial intelligence do not qualify for protection, as granting exclusive rights to such works would be unwise for a number of reasons, says Thomas McNulty at Lando & Anastasi.

  • Examining The New UK Service Guidance For TM Proceedings

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    A new much-anticipated U.K. Intellectual Property Office practice notice affects situations where there is no valid U.K. address for service of documents in trademark and registered design proceedings, and will mean rights holders are on notice at an earlier stage of proceedings, with limited time in which to respond, says Nina O'Sullivan at Mishcon de Reya.

  • A Look At M&S' Registered Design Claim Win Against Aldi

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    Adding to the long line of cases seeking to restrain Aldi's attempts to mimic market-leading products, Marks & Spencer's recent success in the U.K. High Court based on registered designs demonstrates that supermarket copycat products may no longer be able to sail so close to the wind, says Alex Borthwick at Powell Gilbert.

  • UK Teva Ruling Brings Patent Remedy Into Question

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    Arrow declarations have been considered an extremely effective tool for patent litigators, but following the recent U.K. Court of Appeal decision in Teva v. Novartis it appears that courts are looking to take a more conservative view, say David Holt and Tony Proctor at Potter Clarkson.

  • How CJEU Case Shifts TM Liability For Platforms Like Amazon

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    The EU Court of Justice's recent ruling on Amazon's liability for trademark infringement in relation to fake Christian Louboutin shoes advertised by third parties on its website may leave web platforms that sell third-party vendors' products alongside their own brands more vulnerable to infringement claims, say Louisa Chambers and Helen Reddish at Travers Smith.

  • Europe's New Unitary Patent System Will Affect IP Agreements

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    Marco Stief at Maiwald discusses key points in intellectual property agreements that legal practitioners will need to consider in Europe's soon-to-open centralized patent court, including regional exclusivity in different contracting member states.

  • EU Medicine Reboxing Ruling Gives Guidance To Pharma Cos.

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    The recent landmark decision of the Court of Justice of the EU in Novartis Pharma on repackaging medicines has provided pharma companies with a much-needed framework, with better protections for trademarks and clearer protocols for handling imported products, say Ulf Grundmann and Elisabeth Kohoutek at King & Spalding.

  • A Look Ahead At Key UK Intellectual Property Cases

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    Anticipated 2023 U.K. intellectual property decisions include robotics, artificial intelligence, and clean energy matters that have also been heard in the U.S., while other areas to watch include global fair, reasonable and nondiscriminatory issues, as well as COVID-19 patent litigation, say Tom Oliver and Claire Robinson at Powell Gilbert.

  • Lessons That May Be Learned From The Demise Of Made.com

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    With Made.com going into administration, companies that may face similar challenges should take on board that the earlier adequate preemptive planning is considered, the more financial and legal options there will be to avoid last minute firefighting and to focus instead on strengthening the business, says Eleni Michaela at Faegre Drinker.

  • Teva Case Aims Europe's Pharma Crackdown At IP Loophole

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    The European Commission's recent allegations against Teva signal not only the EU competition watchdog's continued focus on intellectual property violations in the pharmaceutical sector but also its new enforcement interest in exclusionary disparagement, say Robert Bell and Malgorzata Janiec at Armstrong Teasdale.

  • Determining Whether To Opt Out Of New Unified Patent Court

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    The new United Patent Court, made up of judges from all European Union member states, will cover the new unitary patent and European patents unless the owner chooses to opt out during the transition period, so patent proprietors must consider whether to opt out for each patent family, say Steffen Steininger and Anna-Katharina Friese-Okoro at Hogan Lovells.

  • 10 Things To Know About The Coming EU Unified Patent Court

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    When the Unified Patent Court opens next year, it will represent a paradigm shift for adversarial patent proceedings in Europe, and practitioners should familiarize themselves now with this new, centralized litigation system, say Fabian Koenigbauer at Ice Miller and Thomas Kronberger at Grünecker.

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