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Legal update

EUIPO Refuses Registration of ‘Acceleration’ Sound Mark

An application by Porsche to register a sound trade mark has been refused, the EUIPO finding it non-distinctive and unable to identify trade origin

04 October 2023

Legal update

The Future of Medical Devices Regulations

The legislative and regulatory changes that are expected to be put in place by the MHRA are hoped to maintain the UK's momentum as a strong market competitor in the medical devices industry

Legal update

University spin-outs: IP terms under close inspection following the Oxford Nanoimaging case

In a recent case, the High Court has recommended that universities review their IP terms to ensure contracts with students are not unfair under consumer protection law. Here we set out the key takeaways for universities and spin-outs.

Legal update

Tesco v Lidl - Tesco’s use of yellow circle on blue background found to infringe Lidl’s brand

Lidl has successfully sued Tesco for trade mark and copyright infringement and passing off in the UK in relation to Tesco’s use of a series of signs for its ‘Clubcard’ promotions, despite the Court finding that some of the marks relied on by Lidl were filed in bad faith

Legal update

UKIPO issues NFT and metaverse guidance

The UKIPO has published trade mark guidance on the classification of NFTs and virtual goods and services in the metaverse

Legal update

Advertising in times of high inflation: pricing promotions are once again under scrutiny

In this article, we look at the existing regulatory landscape that currently applies to price promotions in the UK and what recent scrutiny means for businesses

Legal update

McDonald’s BIG MAC trade mark saved (in part) on Appeal

The Fourth Board of Appeal of the EUIPO has partly annulled the Cancellation Division’s landmark decision to revoke McDonald’s BIG MAC trade mark in its entirety

Legal update

Health and Care Act 2022: Ofcom consults on the regulation of new food ad rules

Ofcom has published a consultation setting out its approach to implementing and regulating new food advertising rules introduced by the Health and Care Act 2022

Legal update

Marks & Spencer successfully sues Aldi for design infringement for a ‘lookalike’ gin bottle

Aldi’s ‘Infusionist’ gin liqueur bottles have been found to infringe M&S’s registered design rights in light-up bottles used for its own range of festive gin-based drinks, as a result of the cumulative impact of the common features outweighing the designs’ minor differences

17 February 2023

Legal update

UK IPO confirms the need for a UK Address for Service

In a new Practice Notice the UK IPO has confirmed the need for rightsholders to appoint a valid UK Address for Service

31 January 2023

Legal update

Reputation alone insufficient to support trade mark opposition in Puma v DN Solutions (T-4/22)

Even public awareness of a trade mark’s reputation may not be enough to establish the mental ‘link’ needed for a reputation-based opposition

27 January 2023

Legal update

Court of Appeal overturned High Court decision to allow late amendments

The decision was overturned on the basis that the application to amend was made late, without justification, and was deemed an “act of deliberate concealment”.

24 October 2022

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