Insights

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.

In a recent judgement, the General Court of the EU considered whether a design application filed in bad faith would automatically render it invalid. Koen de Winder explains the arguments and the reasoning behind the General Court’s decision.

According to WIPO’s latest research, global trademark registrations soared in 2020, while patent and design filings rebounded quickly from the pandemic’s initial impact on application numbers. We summarise some of the key findings from the 2021 World Intellectual Property Indicators Report (WIPI) report.

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 United Arab Emirates (UAE) will join the Madrid System in December 2021, becoming the 109th member state of the international trademark registration system.

Planning is crucial to the safe transfer of an IP portfolio no matter the timescales involved. Minimise the impact on your business and resources with these five steps for recording change of ownership.

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.