A US court ruled this month that ‘ugg’ is not a generic term to describe the popular slouchy sheepskin boots, clearing the way for the brand owner, Deckers Outdoor Corporation, to pursue its trademark and design infringement actions against a rival manufacturer.
EU trademarks ‘with reputation’ enjoy a broader scope of protection than those without. But, what does this broader scope entail? Novagraaf’s Timo Buijs sets out the key points of the doctrine in light of the recent dispute between OREO and TWINS.
Although not impossible, seeking trademark protection for slogans can prove difficult. Trecina Surti sets out the criteria to consider when looking to protect a slogan in the European Union.
Fashion brand fails to provide adequate proof of use for the stylised capital D it registered as an EU trademark in 1999. Ardine Siepman examines the decision.
If you build a brand or reputation around your own name, what happens if a third-party owns the trademark registrations to that name, rather than you?
The French government is in conflict with another company over trademarks containing the word ‘France’. Novagraaf’s Ardine Siepman examines a recent ruling by the General Court of the EU, which considered whether anyone could even own the word ‘France’.
A recent spat over a recipe image used on Instagram highlights the importance both of clearing images for use before posting, and of protecting your own images using copyright symbols and watermarks, as Claire Jones explains.
The UKIPO’s recent report on patent, trademark and design applications, publications and grants 1995–2017 has identified some interesting filing trends. Meanwhile, the UK government has confirmed that EU IP rights will continue to be protected in the UK post-Brexit at no-cost to brand owners.
A recent decision by the High Court of England and Wales considered whether fresh evidence was admissible for use on appeal following a successful non-use revocation at the UKIPO. Vanessa Harrow examines the decision and the principles for submitting late evidence.
The European Commission is seeking to make it easier to place generic drugs on the market on expiry of SPC protection. Eric Enderlin outlines the implications.
Novagraaf’s Trecina Surti outlines a recent success story in a dispute brought on behalf of a leading French wine producer. The case highlights the benefits of bad faith claims in opposition proceedings against Michael Gleissner.
The UK government issued its latest 'white paper' on the future relationship between the UK and European Union yesterday (12 July). Apart from general statements on the importance of IP protections, it did not mention or specify plans for how IP rights would be managed post-Brexit, other than in regards to Geographical Indications (GIs) and, to a lesser extent, the Unitary Patent (UP).