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Apply NowThe Court of Appeal has recently handed down its much-anticipated judgment in the latest iteration of the Thatchers Cider Company Limited v Aldi Stores Limited row, overturning aspects of the Intellectual Property Enterprise Court's (IPEC) earlier, controversial decision. The Court of Appeal concluded that Aldi’s "look-a-like" product took unfair advantage of Thatchers’ trade mark, establishing trade mark infringement. The decision marks a significant victory for brand owners seeking to protect their brand against "look-a-like" products and will no doubt be…
When considering registered trade mark protection, you may be aware of the options to apply to register a name or logo, but you may not realise there are a number of other possibilities available. This is because a trade mark is understood to be any sign that is capable of being represented by the trade mark register - as long as it is clearly understood what is being protected. No matter what format of the trade mark it must always…
In today’s innovation-led economy, intellectual property (IP) is far more than just a legal "tick box". On the contrary, IP must be considered as a cornerstone asset for start ups and early-stage businesses aiming to attract investors and secure funding. Whether IP is accrued through patents, trade marks, designs or a combination of these, the protection acquired demonstrates value, fosters trust and opens doors to opportunities. Intellectual Property as a Foundation for Business Growth [su_quote]Start ups with IP protection are…
On 15th November 2024, the Supreme Court handed down its long-awaited decision in the case of SkyKick v Sky. The decision is a very important one for the trade mark profession because it significantly reshapes the landscape of UK trade mark law. In essence, there are now grounds to argue (and succeed) for a case of “bad faith” where a trade mark application has been filed using a very broad specifications of goods and/or services. Until now, this broad filing…
Background On 27 June 2024, the UK Intellectual Property Office (UKIPO) issued a decision (under case reference O/0611/24) for a trade mark opposition case in which the opponent (Netflix Studios, LLC) had claimed the applicant (Zheng Shu) had filed a trade mark application in bad faith and contrary to the law of passing off. The mark in question was for the sign “Thinkingcaphellfireclub”, filed by Zheng Shu on 10 June 2022 in relation to toys and games. It was opposed…
Background This trade mark case involved an opposition based on Section 5(2)(b) as well as a claim for "bad faith" under Section 3(6). The opposition was partially successful under the Section 5(2)(b) ground, but the opponent’s lack of evidence meant that they were unable to establish bad faith and this claim under Section 3(6) failed in its entirety. Details On 8 September 2022, the Turkish applicant MEMİŞOĞLU TARIM ÜRÜNLERİ TİCARET LİMİTED ŞİRKETİ filed a UK trade mark application to register…
In today's highly competitive business environment, intellectual property (IP) is one of the most valuable assets a company can possess. From patents and trade marks to trade secrets and design rights, intellectual property forms the backbone of a company's innovation, branding, market position and success. However, many businesses fail to fully understand or manage their intellectual property assets effectively. This is where an IP Audit comes into play. An IP Audit is a systematic review of a company's intellectual property…
What is Distinctive Character? By definition, a trade mark must be able to distinguish the goods and services of one business undertaking from those of another. This allows a consumer to choose between products from different sources when selecting one for purchase. When a trade mark application is filed, it is examined to determine whether it has sufficient distinctive character. But what does this mean, and how is it assessed? A recent decision taken by UK Intellectual Property Office (UKIPO)…
On 6th March 2024, the giant retail platform Amazon was defeated by a Supreme Court decision which ruled Amazon had infringed UK and EU trade marks by targeting British consumers from its US "amazon.com" website. This case was brought by Lifestyle Equities, who own registered trade marks in the UK and the EU for the words ‘Beverly Hills Polo Club’ and its logo. It was brought at a date when the UK was still part of the EU and although…
The book "1984" by George Orwell is widely considered to be one of the greatest and most thought-provoking books ever written. In the modern day we are already experiencing some of the societal aspects that Orwell had predicted way back in 1949 when he penned the book, such as mass surveillance. Fast forward to February 2024 and a trade mark dispute concerning the right to register "1984" was decided, with an award being made in favour of the Orwell Estate.…