Insights

The system for design protection continues to expand with China the latest country to file an instrument of accession. The country will complete this process on 5 May 2022 making now a good time to consider whether your IP rights in China are adequately protected.

Domain names play an important role in the sales and marketing activity of any organisation, but the IP implications of registering and managing online channels can be easily overlooked, especially if responsibility sits outside the IP department with marketing and/or IT teams. We set out points to consider when seeking to align domain name registrations with trademark rights.

The European Patent Office (EPO) has published a draft version of its new Guidelines for Examination, which will enter into force on 1 March 2022. Martin Kohrs examines the proposed changes.

Music app Spotify has successfully opposed the registration of the trademark ‘Potify’ by marijuana app Potify on the grounds of dilution by blurring and tarnishment. Julia Schefman examines the US Trademark Trial and Appeal Board ruling and asks whether the outcome would have been any different under EU law. 

The legal dispute between Marks & Spencer and Aldi over their rival Colin the Caterpillar and Cuthbert the Caterpillar birthday cakes was the source of many headlines and Twitter posts in 2021. Luke Portnow explains what the supermarket chains' decision to settle out of court means for the UK's law of 'passing off' post-Brexit.

In a 2014 press release, luxury car manufacturer Ferrari presented its new FXX K sports car to the public for the first time. Its battle to enforce an unregistered design right based on that disclosure has taken it through the German courts to the CJEU.

Typefaces, as with any graphic creation, can benefit from legal protection as long as they meet the relevant criteria for IP protection.

Inditex, the parent company of trendy clothing brand Zara, has partially failed in its attempt to register an EU trademark to cover food products, restaurants and related services. In its December 2021 ruling, the EU General Court found mainly in favour of food producer Ffauf Italia, as Julia Schefman explains.

Counterfeit activity is a threat to all modern businesses, affecting their profits, their reputation and, in some cases, the safety of their consumers. This white paper sets out five steps to success when targeting the trade in fakes, and provides answers to some frequently asked questions