Case comments

Our members give you their insight into intellectual property cases. If you are looking for a specific case, you can search our full library. 

Rubik’s Cube trade mark in puzzling General Court decision

Ruling confirms that the ground for refusal may apply even when a graphic representation does not display all the characteristics that allow the goods to perform their function.

15th Nov 2019 | Case comment

#darferdas? drives new discussion on hashtag distinctiveness

There may be good news for hashtags when it comes to proving genuine use of a trade mark.

16th Oct 2019 | Case comment

UK IPO finds some cause for indirect confusion in Jammin CBD

Looking for a masterclass in the case law on confusion and evidence?

16th Oct 2019 | Case comment

A dose of reality

Lizzie Sergeant summarises the circumstances that saw a celebrity lose out. O/345/19, FERNE BEAUTY (Invalidity), UK IPO, 19th June 2019.

14th Oct 2019 | Case comment

Rock on?

This wasn’t the case for the Applicant, explains Louise Foster. O/363/19, ROCK CITY (Opposition), UK IPO, 1st July 2019.

14th Oct 2019 | Case comment

Resting on reputation

The choice to abandon an opposition ground is examined by Ryan Kellingray. B 3 048 470, Abercrombie & Fitch Europe Sagl v Tarkan Soner Sevinçli, EUIPO, 23rd July 2019

14th Oct 2019 | Case comment

Turtle troubles

Amelia Skelding is reminded that small differences can have a big impact. B 2 686 593, Certina AG v TRB International SA, EUIPO, 30th July 2019.

14th Oct 2019 | Case comment

Low value, high tech

Emily Scott reviews a counterfeit case transferred from Small Claims. [2019] EWHC 1902 (IPEC), NXP BV v ID Management Systems, High Court, 31st July 2019.

14th Oct 2019 | Case comment
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