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Related news & insights - Holly Strube
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......>>
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......>>
McDonald’s able to prove use of its BIG MAC EUTM
Posted: 20/03/2023
McDonald’s has successfully overturned the European Union Intellectual Property Office’s (EUIPO) decision that it failed to prove use of its EUTM ‘BIG MAC’ for the goods and services for which it is registered (a range of goods and services in classes 29, 30 and 42), by successfully applying to the Board of Appeal for permission......>>
Clear skies ahead: success for Sky in long-running battle with Skykick
Posted: 10/11/2021
The Court of Appeal has sided with Sky in its most recent clash with Skykick, a global provider of cloud management software for IT solution providers, by overturning the High Court’s decision to restrict some of Sky’s trademarks on the grounds of bad faith......>>
Unregistered design right protection in the UK and EU post-Brexit
Posted: 25/05/2021
Unregistered design right protection in the UK is changing following the end of the Brexit transition period. For all designs first made available before 31 December 2020, continuing unregistered Community design rights will apply until the end of the term of protection (three years from the date at which a design is first made available to the public)……>>
Chanel loses appeal against Huawei’s EUTM application
Posted: 04/05/2021
French luxury fashion house Chanel has lost its appeal to the EU General Court in relation to its opposition to Chinese global technology company Huawei’s EU trade mark application. In 2017, Chanel opposed Huawei’s application to register the logo below, consisting of two intertwining U-shaped curves...…>>
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