Case Reports

Benefits for UK businesses as the Intellectual Property Act receives Royal Assent in the UK

UK Intellectual Property law was enhanced last week when the Intellectual Property Act 2014 (IP Act) was given Royal Assent. It is expected that the IP Act’s provisions will start to come into force...

Uncertainty remains over medical device SPCs in Europe

The UK Intellectual Property Office has refused to grant an SPC for a medical device, as noted in the decision BL O/141/14. Whilst those aware of the SPC legislation may not find this surprising, a...

Trunki decision overturned based on different interpretation of scope of design

A recent decision of the Court of Appeal of England and Wales has highlighted again the importance of the form and amount of detail shown in the views (formally called “representations”) of a design...

Cosmetic Warriors in the High Court

In Cosmetic Warriors Limited & Lush Limited v Amazon.co.uk Limited & Amazon EU SARL, Mr John Baldwin QC (sitting as deputy judge) found that the aforesaid Amazon companies (collectively referred to...

Betty Boop as a badge of origin

In Hearst Holdings Inc & Anor v A.V.E.L.A. Inc & Ors [2014] EWHC 439 (Ch) Mr Justice Birss held that A.V.E.L.A. Inc. and its co-defendants (together “AVELA”) have infringed Hearst Holdings Inc.

No Glee in the UK with Reverse Confusion

Roger Wyand QC (sitting as a Deputy High Court Judge) recently handed down judgment in Comic Enterprises Limited v Twentieth Century Fox Film Corporation [2014] EWHC 185 (Ch).

The sticky question: when is a GUI-related invention “technical”?

Case law on the European Patent Office’s approach to non-technical inventions is quite a minefield. This is particularly so in relation to inventions that involve a presentation of information.

Depressing result for Lundbeck as Resolution not kept down by legalities - the narrow scope of Privity of Interest

Resolution Chemicals Ltd v H Lundbeck A/S Court of Appeal (Civil Division), 29 July 2013Lundbeck’s patent for the pharmaceutical enantiomer escitalopram has been extensively litigated worldwide.

Quicker, cheaper, easier!

Two sets of changes to the framework for proceedings between parties in intellectual property (IP) disputes in the UK were both introduced on 1 October 2013.

FA Premier League takes the lead in battle against linking to infringing match content

Football Association Premier League Ltd v British Sky Broadcasting Ltd and others [2013] EWHC 2058 (Ch)SummaryBy way of a hearing on 16 August 2013, the Football Association Premier League (“FAPL”),...

Smart card patents that were not so smart

In HTC Corporation v Gemalto SA and HTC Corporation v Gemalto NV[2013] EWHC 1876 (Pat), Mr Justice Birss ruled upon the validity and infringement of two telecommunications patents concerning...

Let’s get ready to litigate

Boxing Brands Limited and (1) Sports Direct International PLC, (2) Queensberry Boxing IP Limited, (3) Sportsdirect.com Retail Limited and (4) Lillywhites Limited – 8 to 12 July 2013 – Mr Justice...

Fenty & Ors v Arcadia Group - Rihanna gets shirty with Topshop

SummaryIn this High Court case ([2013] EWHC 2310 (Ch)), Birss J held that the UK high-street fashion chain Topshop committed an act of passing off when they sold T-shirts emblazoned with a photograph...

The strengths Of Registered Designs: how Trunki fought off the competition

Viewers of the TV show “Dragons’ Den” might remember the now highly successful Trunki children’s ride-on suitcase which was unanimously rejected by the Dragons as a bad idea.

Online image searches for designs and marks

An online image search tool for figurative trademarks and designs could be launched under new proposals by the Office for Harmonization in the Internal Market (OHIM).