High court considers the 'special nature' of collective marks in opposition proceedings
The proprietor of the collective trade mark HALLOUMI has succeeded in its appeal, with the Court’s assessment of the average consumer playing a decisive role
25 January 2021
Tefal fails to secure trade mark protection for its red dot despite survey evidence
Despite heavy advertising and promotion of the red dot, the hearing officer decided that Tefal had failed to divorce the dot from its technical function as an indicator of heat
15 February 2021
High Court contract dispute confirms domain names qualify as personal intangible property
The recognition of domain names as intangible property saw the claimant successfully establish its equitable interest in the domain name on termination of the agreement
22 March 2021
High Court upholds decision to prevent trade mark registration of GEEKSTORE
The appeal was dismissed as there were no identifiable errors in the UKIPO’s assessment of the law. Appellate courts will not interfere with findings of fact
09 March 2021
A stealthy avoidance of summary judgment at the UK High Court
In what turned out to be a complex case, the judge took the view that the court should be given the opportunity to hear the full evidence at trial
20 December 2021
Are repeat filings bad faith? Hasbro’s MONOPOLY mark partially invalidated
General Court confirms that Hasbro acted in bad faith in adopting a filing strategy designed to circumvent the need to prove genuine use of a mark after 5 years
03 June 2021
Case Comment: Thomas v Luv One Luv All Promotions Ltd
Latest instalment in band member dispute sees successful appeal against IPEC judgment
22 December 2021
Monster fails in its RED DAWG trade mark opposition appeal to the UK High Court
The UKIPO’s finding that RED DAWG took unfair advantage of earlier trade mark RED BULL following a finding of ‘free-riding’ has been upheld
30 August 2022
Further success for Sky in SkyKick saga, as partial invalidity finding is overturned
The latest twist in the Sky v SkyKick line of cases provides further nuance to the issue of bad faith registrations and offers comfort to trade mark owners
01 September 2021
Can you hear me? Virtual Local Authority Meetings cut out
Emergency COVID legislation, permitting local authority meetings to take place remotely, has expired. Will this delay the determination of planning applications?
15 June 2021
Leaving it to the 11th hour - CPO claim limitation period
The case of Land and Estate clarifies the six-year limitation period for a claimant to make a reference to the Upper Tribunal for a CPO claim
22 June 2021
Court of Appeal case provides guidance on application of NPPF paragraph 11(d)
We look at the tilted balance, the facts of Paul Newman New Homes Ltd v MHCLG [2021] EWCA Civ 15 and highlight key practical points arising from the case
09 February 2021