If a likelihood of direct confusion between two trademarks cannot be established, the courts may still be prepared to find infringement on the basis of a likelihood of indirect confusion. A decision by the England and Wales Court of Appeal over the ‘American Eagle’ trademark provides some insight into the circumstances necessary for indirect confusion to apply.
The development of a new product or a new process is rarely easy. From the challenges and concerns raised during R&D to the difficulty of finding suppliers and convincing investors, there are many obstacles that need to be overcome.
Female technology (FemTech) is becoming big business with health and wellness apps, software and diagnostic products promising to revolutionise women’s health. Asma Mejri sets out strategic IP advice for FemTech start-ups.
Owners of well-known trademarks seeking to introduce a new product and service may find themselves blocked by ‘trademark squatting’, where a third party has already applied for an identical or similar trademark. A recent ruling by the Dutch Higher Court illustrates why and how to take action.
The EPO’s Enlarged Board of Appeal has issued its highly anticipated decision on the patentability of computer-implemented simulations. Martin Kohrs examines the decision and its implications.
The German Federal Constitutional Court has cleared the way for Germany to finally implement the Agreement on a Unified Patent Court (UPCA). In so doing, the unitary patent and court system could come into being as of mid-2022.
Similarities in packaging between Howler’s stout beer and Nestlé’s MILO® chocolate milk hit the courts in Australia last month, with the case illustrating the need for trademark protection of visual branding elements, says Chantal Koller.
IP strategy is best considered at the start of research and development (R&D). The first step is choosing the IP approach to take during product development. Mark Suddaby explains the options.
The European patent system provides companies with an efficient structure for protecting inventions in Europe. However, there are a number of crucial points to consider if they are to make the best use of the system.
A recent report by EUIPO on the risks and damages posed by IP infringement in Europe has identified that nearly one in 10 European consumers believe they have been tricked into buying counterfeit goods online.
Finally, some good news for the Unitary Patent. Germany's Federal Constitutional Court has rejected the two applications for a preliminary injunction against the German Act of Approval to the Unified Patent Court Agreement. The decisions mark a key step forward for the Unitary Patent, says Robert Balsters.
Brand value is a key driver of merger and acquisition (M&A) activity, reflecting the growing importance of intangible assets. However, getting IP portfolios M&A ready requires in-depth, proactive work that many fail to carry out, potentially causing serious issues further down the line.