Intellectual Property UK

  • March 25, 2024

    Virgin Seeks Full $200M In Train Brand Feud After $115M Win

    Virgin Enterprises Ltd. has sued Brightline Holdings LLC for the full $200 million exit fee for backing out of its train brand licensing deal after already winning $115 million, arguing in documents made public on Monday that it's owed a boosted exit fee because of a change in control of the U.S. rail operator.

  • March 22, 2024

    Financial Analyst Org. Prevails In Clash Over 'CEFA' TM

    The European Federation of Financial Analysts Societies won its latest bid to register a trademark for "CEFA Certified European Financial Analyst" after a European court ruled that earlier examiners didn't consider key evidence.

  • March 22, 2024

    US Manufacturer Partially Wins Appeal For 'Presto-Tap' TM

    Engineered Controls International LLC can register the trademark "Presto-Tap" over most of the services it had applied for, the U.K.'s Intellectual Property Office has concluded, ruling that a French company's "Presto" sign was stamped on very different products.

  • March 22, 2024

    Top Dutch Court Blocks Russia's Last Bid For Vodka TMs

    Former Yukos Oil Co. shareholders said Friday that the Netherlands' top court has thrown out Russia's final bid to stop their seizure of over a dozen renowned Russian vodka trademarks in an effort to enforce $50 billion in arbitral awards.

  • March 22, 2024

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

    This past week in London has seen the BBC and Wall to Wall Media hit with a passing off lawsuit by musician BOSSIIE, Poundland parent company Pepco Group file a commercial fraud claim against several mobile network giants, family law specialists Alexiou Fisher Philipps LLP start proceedings against former oil trader Michael Prest, and a transgender lawyer file a libel claim against a blogger. Here, Law360 looks at these and other new claims in the U.K.

  • March 22, 2024

    Osborne Clarke's Arty Rajendra On The Future Of FRAND

    Arty Rajendra of Osborne Clarke LLP was instrumental in securing a win in one of the most influential patent cases in recent memory — the U.K. Supreme Court ruling that English courts can set global licensing rates for patents deemed essential to European telecoms standards.

  • March 22, 2024

    Nokia Unit Doubles Down On Amazon IP Infringement Claim

    A Nokia subsidiary has reaffirmed its claim that Amazon infringed its patents with a "household sharing" feature on its Prime Video service, telling a London court that the company is not entitled to a license over its patent portfolio.

  • March 21, 2024

    Plant-Based Meat Biz Cooks Rival In 'Meat Zero' EU TM Feud

    A Thai food company has fought off a rival's challenge to its "Meat Zero" trademark bid, with a European Union appeals panel saying in a newly public decision that there is not enough chance of confusion with a competitor's "ZeroMeat" sign.

  • March 21, 2024

    Banksy Co. Calls Instagram Post True In £1.3M Libel Case

    The company that manages anonymous street artist Banksy has defended a £1.35 million ($1.7 million) claim that he posted a defamatory Instagram post about a licensing company using his artwork on clothing without his permission, saying it was substantially true.

  • March 21, 2024

    Famed Retailer's 1930s TM Can't Stop Modern Registration

    A Slovak clothing brand has fended off attacks from the grandchildren of a famed Czechoslovakian retailer from the 1930s after a European court ruled that past prestige could not prevent the name Nehera from being registered seven decades later.

  • March 21, 2024

    Lenovo Can't Get Interim FRAND Rate For InterDigital SEPs

    Lenovo on Thursday failed to convince a London court to rule that an interim license for a suite of InterDigital telecommunications patents was fair, reasonable and non-discriminatory in the latest chapter in the two companies' global dispute over standard-essential patents.

  • March 21, 2024

    Skechers Loses 'Hands Free Fit' TM Due To Descriptive Nature

    American sneaker giant Skechers has lost a second bid for trademark protection over its "hands free fit" shoes, with the European patent authority ruling that the brand's logo is merely a description of, or an advertisement for, a feature of the product and therefore not distinguishable.

  • March 20, 2024

    Spanish Investment Co. Beats Slovak TM Opposition In EU

    A Spanish investment company has won an appeal to revive its trademark application, as European officials ruled that buyers of financial services paid a "high degree of attention" and wouldn't think that the sign was linked to a Slovak company.

  • March 20, 2024

    Digital Comms Filings Bolster Record EPO Applications

    Companies and inventors filed the highest number of European patent applications to date in 2023, buoyed by marked increases in filings for digital communications and energy technologies.

  • March 20, 2024

    EU Commission Builds 'Toolkit' To Fight Counterfeiting

    The European Commission has adopted new measures to crack down on counterfeiting aimed at strengthening intellectual property rights by increasing the sanctions for criminal offenses while also designating a single contact point for enforcement issues. 

  • March 20, 2024

    Boehringer Wins Diabetes Treatment Patent On Appeal In EU

    Boehringer Ingelheim saved its diabetes drug patent from the chopping block after a European appellate board ruled that the treatment for patients with moderately damaged kidneys was new and innovative despite eight oppositions.

  • March 20, 2024

    EU's AI Act Disclosure Rules Could Spark Further Litigation

    The European Union's new artificial intelligence law included some welcome guardrails to protect intellectual property rights. But lawyers say it remains to be seen whether these new rules will bridge the gap between concerned rights holders and AI pioneers.

  • March 20, 2024

    Wise Hits Back At Bad Faith TM Allegations From Tech Rival

    Payments firm Wise has hit back at a counterclaim from software company WithWise, urging the High Court to reject WithWise's claim that Wise's trademark is invalid because it is overbroad and being used as a legal weapon.

  • March 20, 2024

    Google Fined €250M By France For Media Copyright Breaches

    France's competition regulator said Wednesday that it has hit Google with a €250 million ($271 million) fine for using content from news agencies without alerting them or payment.

  • March 19, 2024

    Crowell & Moring Hires Allen & Overy IP Litigator In Brussels

    Crowell & Moring LLP has added a new partner to its Brussels office, strengthening its European intellectual property practice as clients increasingly seek advice to navigate rapidly changing liability regulations.

  • March 19, 2024

    Insurance Tech Biz Can't Get Policy Tracker Patent In UK

    An insurance tech firm can't get a patent over its automated policy tracker software in the U.K. because computer programs and business methods are not patentable, intellectual property officials said Tuesday.

  • March 19, 2024

    New UK Gov't Program Will Promote IP-Backed Lending

    The U.K. government said Tuesday it will launch a program to drive banks toward more lending to businesses with intellectual property that can use their patents and trademarks as collateral.

  • March 19, 2024

    Danish Medical Tech Biz Can't Dash Rival's Catheter Patent

    A medical device company can keep an amended version of its catheter insertion patent after fending off Coloplast AS' claims that the device is not inventive, a European Patent Office appeals panel has ruled.

  • March 19, 2024

    Tesco Branding Infringes Lidl TMs, Appeals Court Rules

    Tesco failed Tuesday to persuade an appeals court that its loyalty pricing scheme branding doesn't infringe trademarks for Lidl's logo, even though the justices acknowledged the lower court's decision that customers might be misled by the blue-and-yellow signage could be "surprising."

  • March 18, 2024

    AI Voice Platform Faces UK Litigation Over 'Deepfake' Songs

    The U.K.'s trade association for recorded music has threatened legal proceedings against a deepfake artificial intelligence platform, alleging that the former Voicify's collection of AI voices infringes artists' rights.

Expert Analysis

  • Copyright Trial Defense Tips From 'Thinking Out Loud' Case

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    The twofold defense strategy that earned Ed Sheeran his recent "Thinking Out Loud" copyright trial victory revealed the strength of a musician's testimony, the importance of a consistent narrative and the power of public policy arguments when combating infringement claims, say Jonathan Phillips and Latrice Burks at Larson.

  • Getty Case Will Be Pivotal For Generative AI Copyright Issues

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    The Getty v. Stability AI litigation in the U.K. and U.S. raises legal ambiguities on who owns generative artificial intelligence output, and the outcomes will set a major precedent on copyright practices for businesses in both countries and beyond, say Victoria Albrecht at Springbok AI and Mark O'Conor at DLA Piper.

  • Global M&A Outlook: Slow But Moving Along

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    Global merger and acquisition markets had a tough start to the year, with inflation, rising interest rates and the Ukraine conflict knocking sentiment, but in the macroeconomic, deal makers have continued to unearth pockets of activity to keep deal volumes ticking over, say lawyers at White & Case.

  • Emmentaler Case Elucidates Recipe For EU Food Trademarks

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    In light of the EU General Court recently rejecting the Emmentaler cheese trademark application for lacking distinctive character and not meeting the geographical indication requirements, producers must ensure to protect their trade names before they become commercially generic, says Lars Karnoe at Potter Clarkson.

  • Unified Patent Court Advantages Leave US Trailing Behind

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    Amplifying the shortcomings of litigation in the U.S., including inter partes reviews that significantly threaten the validity of patents, the recently launched Unified Patent Court regime will put further pressure on American legislators and add to Europe's attractiveness as a litigation venue, say lawyers at Sisvel and Franzosi Dal Negro.

  • The Path Forward For Blockchain Patents In The UK And EU

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    The U.K. Intellectual Property Office's recent refusal of an IGT patent application highlights that certain blockchain innovations, including those relating to improved security, are more likely to be patentable than others, which is consistent with the overall European approach and available data, says Andrew Rudhall at Haseltine Lake.

  • USPTO's Speed On Some China Patents Bears A Closer Look

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    While all U.S. Patent and Trademark Office expedited programs are meant to be examined in the same manner, a survey of Patent Prosecution Highway actions indicates some examination processes may favor applications originating in China, says Julie Burke at IP Quality Pro.

  • French And UK Patent Litigation Will Likely Influence The UPC

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    The newly opened Unified Patent Court represents a seismic, yet untested, change to how patent litigation is conducted within Europe, and the practices of French and U.K. courts may play a role in its development, including on issues such as saisies and document production, say lawyers at Gowling.

  • AI-Fueled Innovation Poses Patentability Challenges

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    Robert Plotkin at Blueshift IP explores questions about standards for inventorship, nonobviousness and disclosure as patent practitioners, the U.S. Patent and Trademark Office, and the courts grapple with rapid innovation in AI technology.

  • Benefits Of Unified Patent Court Compared To Local Litigation

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    Recently opened for business, the Unified Patent Court offers a faster, cheaper and more streamlined solution to handle patent disputes compared to EU countries and the U.S., and could become the most important forum for patent litigation in Europe, if not worldwide, say lawyers at McDermott.

  • Global Issues In EU's Licensing Plans For Essential Patents

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    Consultants at Analysis Group explore questions surrounding the recently announced EU licensing framework for standard-essential patents, and how the European Commission's goals may influence discussions of issues like procedure, efficiency and transparency in the U.S. and elsewhere.

  • EPO Decision Adds To Sparse Case Law On Core AI Patents

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    The recent European Patent Office Board of Appeal decision in the Sparsely connected neural network/Mitsubishi case is remarkable for its technicality, and provides rare guidance for companies on the requirements for core artificial intelligence invention patents, says Alexander Korenberg at Kilburn & Strode.

  • A Deep Dive Into EU Unified Patent Court Policy

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    Robert Sterne at Sterne Kessler offers a detailed analysis of the EU's Unified Patent Court and the unitary patent, which go live on June 1, discussing what U.S. practitioners need to know from an enforcement and freedom-to-operate perspective.

  • 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.

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