Case comments

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Saving soles

This dispute was not easy to resolve, writes Samuel O’Toole, but the IPEC ruled that confusion was unlikely for these two marks. [2026] EWHC 767 (IPEC), easyGroup Ltd v Easyfeetstore OÜ & Ors.

25th Aug 2026 | Case comment
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The short answer

The Court of Appeal ruled that a video-sharing platform’s name was clearly descriptive and did not infringe a film company’s trade mark, writes Celia Tao. The Court of Appeal ruled that a video-sharing platform’s name was clearly descriptive and did not infringe a film company’s trade mark, writes Celia Tao.

25th Aug 2026 | Case comment
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Orwell before the Grand Board

Can the title of a novel become a registered trade mark? In the case of two of George Orwell’s famous works, only up to a point, writes Luke Ingleton. R 1719/2019-G Animal Farm & R 1922/2019-G 1984, EUIPO Grand Board of Appeal.

25th Aug 2026 | Case comment
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How easy can it be?

Saaira Gill reviews four recent decisions on revocation actions filed against marks containing a certain descriptive word. O/0345/26 Kilburn & Strode LLP v Tubeway (Sales) Ltd; O/0341/26 Kilburn & Strode LLP v Omnicell GmbH; O/0440/26 Kilburn & Strode LLP v Lascar Electronics Ltd; O/0421/26 Kilburn & Strode LLP v Easibathe Ltd.

25th Aug 2026 | Case comment
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Brought to heel

A footwear company argued that its shoe strap had individual character, but that claim was given the boot, writes Eleni Mezulanik. T-228/25, Crocs, Inc v EUIPO – Gor Factory, SA.

25th Aug 2026 | Case comment
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Rose, by any other name

Is a word mark with a non-intrinsic colour in its title descriptive in relation to the goods it represents? Jade MacIntyre finds out. T-56/25, Rose Bikes GmbH v EUIPO.

25th Aug 2026 | Case comment
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It’s all relative

There is no concept of assessing genuine use of a family of marks, because a family of marks is not a registered right, writes Saskia Caseman. O/0430/26, easyGroup Ltd v The Support Group (UK) Ltd.

25th Aug 2026 | Case comment
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When ‘help’ doesn’t help

This EUIPO decision shows the limits of weak elements in EU trade mark law, writes Charlene Nelson. B 3 230 804 and B 3 230 826, Swiss Pharma International AG v Zdrovit Romania SRL, EUIPO Opposition Division.

2nd Jul 2026 | Case comment
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