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Legal update

No-go for Nosecco following opposition by Prosecco

The UK High Court agreed with the UK Trade Mark Registry that a mark incorporating Nosecco was evocative of and deceptive in relation to the PDO for Prosecco
17 July 2020

Legal update

UKIPO clarifies goodwill requirement for passing off in RECUP opposition appeal

Decision offers guidance on the amount of goodwill needed to support a passing-off claim in UK opposition proceedings
14 July 2020

Legal update

UK High Court issues latest decision in MERCK trade mark saga

The UK High Court partially revoked the term 'pharmaceutical substances and preparations' and clarified online 'use in the course of trade' requirements
23 June 2020

Legal update

How to navigate the brand protection challenges exacerbated by COVID-19

Following the shift to digital platforms and e-commerce in the wake of COVID-19, we look at how to protect revenue streams and brand value against counterfeiters
10 June 2020

Legal update

Amazon not liable for mere storage of grey market perfumes

In Coty v Amazon the CJEU has ruled on warehouse provider and e-commerce platform liability for trade mark infringement in the EU

21 May 2020

Legal update

Summary Judgment: a powerful enforcement tool in a brand owner’s armoury

The bailiffs featured in the ‘Can’t Pay? We’ll Take it Away!’ TV show successfully applied for summary judgment in passing off against a rival debt collection agency
07 May 2020

Legal update

IPEC claims: clarification that the legal costs recovery cap of £50K is inclusive of VAT

The only exceptions to the cap on the recovery of legal costs is where a party behaves unreasonably (CPR 45.32) or where ‘Henderson’ exceptional circumstances apply
04 May 2020

Legal update

ASA rulings point to a proactive regulatory approach during the COVID-19 crisis

While the ASA is adapting its regulatory approach to the COVID-19 crisis, recent rulings show a readiness to act when public health and consumer trust are at stake
30 April 2020

Legal update

SkyKick: UK High Court issues eagerly anticipated decision

The UK High Court found a number of Sky’s trade marks partially invalid on the grounds of bad faith, but notwithstanding this, SkyKick was still found liable for infringement
30 April 2020

Legal update

New EUIPO Common Practice Updates on Shape Trade Marks and Online Disclosure of Designs

The EUIPO has published two new Common Practices, the first relating to registrability of shape trade marks and the second relating to online design disclosure
24 April 2020

Legal update

Copyright protection for original clothing designs

The UK applies the ECJ’s Cofemel decision and rules that 'complete conformity' with EU law precludes any requirement for artistic or aesthetic value in copyright works
17 April 2020

Legal update

Blow for Nestlé as it fails to establish reputation of its 'ONE' trade mark

This case is a suitable reminder for brand owners when presenting evidence in support of its reputation, to cover the trade mark in its exact registered form
15 April 2020
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