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On 22nd January 2024 a decision was taken by the UK IPO regarding the validity of a registered design no 6196574 in the name of UAB ORBIO WORLD (UAB). The registered design was filed on the 15th March 2022, showing a ‘cosmetic patch’. The main illustration of the design is depicted below: The invalidity action was filed by MB ‘VIZUALI RECLAMA’ (MB) on 14th July 2022 on the basis that the product depicted in the registered design created the same…
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.…
A recent study conducted by the UK Intellectual Property Office (UKIPO) has shed light on the significant influence social media influencers have on consumers, not least when it comes to purchasing counterfeit products. The findings of the study has revealed a striking gender disparity. It found that 24% of males between the ages of 16 and 60 in the UK were prompted to buy counterfeit goods as a direct consequence of endorsements of so-called "influencers" using social media. This percentage…
In 2023, a London cyclist, who posts footage to a YouTube Channel under the name of 'Chapona Bicyclette' showing vehicles making dangerous manoeuvres around or near cyclists, uploaded footage of a van overtaking the cyclist in an allegedly dangerous manner. The cyclist also sent the footage to the company that owned the van (Cornices Centre), with an expectation of an apology and assurance that the driver of the van would receive an appropriate reprimand. Instead, the cyclist received an email…
On 24th January 2024 a decision was issued by the IPEC court (Thatchers Cider Company Limited v Aldi Stores Limited [2024] EWHC 88 (IPEC), determining that Aldi’s ‘lookalike’ cloudy lemon cider did not infringe Thatchers’ trade mark registration, nor did it pass it off as its own. It would seem that Aldi has, once again, successfully evaded liability for another of its alleged "imitation" products. Whilst some quarters had hoped the decision would depart from those that came before it…
The European Patent Office (EPO) has recently announced a new fee system aimed at bolstering support for small enterprises and individual inventors. This initiative, effective from the 1st April 2024, offers discounts of 30% on various fees for European patent applications made by so-called "micro-entities", which are defined as being either (a) companies with fewer than 10 employees and a turnover under €2m, or, (b) individual inventors. The move aligns with the EPO's commitment to fostering innovation and easing the…
What is a "Comparable Right"? At "Brexit", the EUIPO took steps to withdraw the representational rights of all non-EU based representatives. On 1st January 2021, all registered EU trade marks and Community designs were "cloned" and re-registered, creating new and independent comparable UK trade mark registrations and comparable UK registered designs. These comparable rights were automatically entered on the United Kingdom Intellectual Property Office (UKIPO) register and must now be managed separately and renewed at the appropriate dates by…
Customs can help fight counterfeiting by detaining goods suspected of infringing intellectual property rights. To ask customs to take action, IP right owners need to lodge an Application for Action or AFA. Before Brexit, two types of AFAs provided protection in the UK, namely: national AFAs and EU-wide AFAs. But since 1 January 2021, EU AFAs granted before the end of the Transition Period no longer have the same scope. Depending on where the EU AFA was granted, the Application…
(Updated 3rd July 2020) Following its regular review since 24th March of this year the UK Intellectual Property Office (UKIPO) has now brought an end to the application of automatic extensions to all deadlines that had fallen on “interrupted” days. The system of interrupted days has been in direct response to the Coronavirus and its impact on businesses addressing matters before the UKIPO. Consequently, it has been announced that the sequence of interrupted days will cease as from 29th July…