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.
Dig deep to protect your rights
Legal dangers may lurk in online portals, as an Italian potato grower discovered, writes Nicola Ivey. C-426/24 P, Romagnoli Fratelli SpA v Community Plant Variety Office, CJEU.
Brought to heel
The EUIPO upheld Dr Martens’ position marks in a pair of cases, writes Edward Watt. 000066484/000066396, Mtng Europe Experience, SLU v Airwair International Ltd, EUIPO Cancellation Division.
Don't lose count
Much is at stake if a company fails to file its claim in reasonable time, writes Eleni Mezulanik. C-452/24, Lunapark Scandinavia Oy Ltd v Hardeco Finland Oy, CJEU.
Beyond borders
Deniz Toker on cross-border IP: when stocking in Spain becomes infringement in Germany. C-76/24, Tradeinn Retail Services SL v PH, CJEU.
Hitting the right note
A jingle judged unsuitable for a sound mark finally resonated when it went to appeal, writes Sarah Brooks. T-288/24, Berliner Verkehrsbetriebe v EUIPO, General Court.
Counting the cost
This judgment provides useful guidance on quantifying damages in trade mark infringement cases, writes Richard May. [2025] EWHC 2376 (Ch), Merck KGaA v Merck Sharp & Dohme LLC & Ors.
Who is losing sleep?
No restful news came for easyGroup when its infringement claim was successfully refuted, writes Giles Parsons. [2025] EWHC 2229 (Ch), easyGroup Ltd v Premier Inn Hotels Ltd.
Is that coffee from Iceland?
An EU General Court decision reinforces the barriers to registering country names as EU trade marks, writes David Birchall. T-105/23, Iceland Foods Ltd v EUIPO, General Court.