Earlier this week, the Intellectual Property Enterprise Court (IPEC) handed down the long-awaited decision in the WaterRower v Liking [2024] EWHC 2806 (IPEC) case. It is seen as a key judgement exploring the boundaries of copyright protection in the United Kingdom.
Read MoreThe UKIPO has published an updated Design Practice Note on design applications for products that consist of multiple components. The Practice Note clarifies what is acceptable in a single design application under UK design practice.
Read MoreEarlier this month in Lifestyle Equities CV and another v Ahmed and another the Supreme Court of the United Kingdom held that the company directors of Hornby Street Limited, siblings Kashif and Bushra Ahmed, were not jointly liable with their company for trade mark infringement.
Read MoreMarks & Spencer (M&S) and Aldi were at loggerheads again over an alleged IP infringement. Having already publicly contested their dual production of caterpillar cakes, their latest dispute concerned festively decorated gin bottles.
Read MoreThe UK Intellectual Property Office (UKIPO) has released an update this month in relation to the issue of trade mark applicants and owners providing a valid address for service. Particularly following Brexit there has been concerns about would-be trade mark owners filing applications with false or ineffective addresses for service and as a result the UKIPO is now taking a more proactive approach using their powers under Rule 11 of the Trade Mark Rules 2008.
Read MoreAn initiative to create a voluntary code of practice on copyright and Generative AI (“Gen AI”) has failed to reach an agreement. The UK Intellectual Property Office (UKIPO), who led the conversations that started mid-2023, has not been able to reach consensus within the working group in relation to the use of copyright protected works to train Gen AI models. The announcement is a disappointment to many including the creative industry, who were awaiting clarification on their position in protecting their works and retrieving compensation, and technology industry who were seeking clarity how future technologies can be developed.
Read MoreThe National Basketball Association (NBA) has lost the appeal of its invalidation action against a United Kingdom (UK) trade mark filed by Pizza Texas Bulls Inc (Pizza Bulls) in classes 30, 39, and 43 in NBA Properties Inc. v. Pizza Texas Bulls Inc [2023] EWHC 3040 (Ch). Interestingly, the NBA was successful in the European Union (EU) in relation to identical marks under Opposition No B3146352, and prevented the Pizza Bulls mark being registered in the EU.
Read MoreOne of the effects of Brexit was that the UK introduced a requirement for a UK based representative for all UK national trade marks, patents and designs and international registrations designating the UK in January 2021. However, there was a grace period for comparable trade marks or re-registered designs deriving from an EU national trade mark or international registration designating the EU.
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