Insights

The UKIPO recently upheld an opposition by Cambridge University to a trademark application by Chadlington Brewery Limited, for the mark ‘Cambridge Blue’, claiming beers in Class 32. The decision offers a useful summary of the UK’s common law tort of ‘passing off’, says Luke Portnow.

The European patent system provides companies with an efficient structure for protecting inventions in Europe. However, there are a number of crucial points to consider if they are to make the best use of the system.

It is good practice to monitor trademark registries for potentially infringing trademark applications. The challenge is in developing the right watching strategy to avoid being swamped with results. Trademark Attorney Vanessa Harrow offers some advice.

On 21 July 2021, we gathered a panel of Novagraaf and industry experts to discuss the IP trends and challenges facing the spirits, wine and beer sectors.

Assumptions that the shape mark is dead may have been overturned this month, after the General Court of the EU found the shape of a lipstick suitable for trademark protection. While it is not easy to protect characteristics such as shapes under EU trademark law, the recent judgement provides hope for companies wishing to protect design elements or other features of their products.

A recent report by EUIPO on the risks and damages posed by IP infringement in Europe has identified that nearly one in 10 European consumers believe they have been tricked into buying counterfeit goods online.

Finally, some good news for the Unitary Patent. Germany's Federal Constitutional Court has rejected the two applications for a preliminary injunction against the German Act of Approval to the Unified Patent Court Agreement. The decisions mark a key step forward for the Unitary Patent, says Robert Balsters.

The ruling in 'Museum of illusions' is a reminder that the assessment of the likelihood of confusion must be considered globally and cannot result from a mechanical application of the principles, as Florence Chapin explains.

Koen de Winder examines ‘image rights’ in the context of a Dutch model’s attempt to register her portrait as a trademark.