What’s the scoop on the Mr Whippy decision?

Summary Despite “convincing arguments” against the strength of the evidence of use submitted by Unilever Plc, following the close-cut decision of the IPO on the 11 November 2019, the applicants’ appeal was dismissed by the Appointed Person on 1 June 2020. The figurative MR WHIPPY mark (the Mark), in a partial win for the applicants, […]

Pressing pause on your intellectual property: Part two – litigation

This three-part series examines how intellectual property protection can continue in a productive and effective way, during this time of remote working, shifting priorities, uncertainty and change. The process of protecting intellectual property is, unsurprisingly, dependent on inventors, innovators and lawyers having access to their physical workspace – a lab, a shop floor, a workshop, […]

UK pulls the plug on UP/UPC

The UK Government has announced that it will not take part in the Unitary Patent (UP) and Unified Patent Court (UPC) systems.  A UK Government spokesman stated: “The UK will not be seeking involvement in the UP/UPC system. Participating in a court that applies EU law and bound by the CJEU is inconsistent with our […]

Does an overly-wide trade mark specification indicate bad faith?

TRUMP TV ON APPEAL TO HIGH COURTUKIPO decision number O-409-18Trade mark application no. 3193965 TRUMP TV in the name of Trump International Limited and opposition proceedings brought by DTTM Operations LLC Discussion points Is section 32(3) of the Trade Marks Act 1994, which requires an intention to use a UK trade mark at the time […]

Parallel imports: navigating the grey market

Where there is trade, trade mark infringement often follows. For brand owners, in particular in the pharmaceutical field, one of the most difficult trade arenas to navigate can be the grey market. This is our brand owner’s guide to the grey market in the UK and European Economic Area (EEA), what it is and when […]