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Duchess of Sussex’s American Riviera Orchard trademark in a jam
Posted: 01/10/2024
The Duchess of Sussex’s lifestyle brand, American Riviera Orchard, has hit a stumbling block following the US Patent and Trademark Office’s (USPTO) partial refusal of a trademark application made by her company, Mama Knows Best LLC, in respect of the brand name. The USPTO’s decision leaves the brand, which has already been soft-launched......>>
Passing-off: can a claimant rely on goodwill in a brand it has not actually used?
Posted: 16/02/2024
In a recent IPEC decision, Prysmian Cables & Systems Limits v M/S Apple International [2023] EWHC 2176 (IPEC), the court had to consider whether the claimant had any goodwill in a brand that had not been used for many years. The claimant (Prysmian) is a UK-based company which sells cables under the brand BICON. It brought a passing-off......>>
New address for service requirements at the UKIPO affecting comparable (clone) UK trade marks and re-registered designs - effective 1 January 2024
Posted: 01/12/2023
As of 1 January 2024, the UK Intellectual Property Office (UKIPO) is changing its rules concerning addresses for service for certain proceedings affecting United Kingdom trade marks and designs. This important development affects EU/EEA owners and representatives of UK comparable trade marks and re-registered designs (‘cloned rights’)......>>
Burton’s Foods Ltd v Not Guilty Food Co Ltd: the wrong approach?
Posted: 28/06/2023
The UK IPO has rejected an appeal by Not Guilty Food Co Ltd (the appellant), opposing an application by Burton’s Foods Ltd (the respondent) for a figurative series mark (shown above) covering a variety of baked goods, confectionery and desserts in class 30. The appellant relied on its senior UK trade mark registrations for “The Skinny Food Co”......>>
Why businesses should register their design rights
Posted: 05/04/2023
Registered designs are often overlooked by businesses assessing how best to protect their intellectual property (IP). This is in part due to the complex and multi-layered legal framework for design right protection in the UK, but it also results from an underestimation of the role such rights can play in a business’s portfolio......>>

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