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New Unjustified Threats Regime in force from 1 October 2017
Threatening proceedings for intellectual property right infringement can sometimes backfire. In relation to patents, trade marks and designs, there is a …
"PORT CHARLOTTE" Whisky does not infringe the EU protected designation of origin (PDO) "PORTO" or "PORT" – Consideration needed urgently for protection of PDOs and GIs, UK and EU-wide, post-Brexit
The CJEU has confirmed that "Port Charlotte", registered as an EU trade mark for whisky, does not evoke (infringe) the protected designation of origin …
Exhaustion, economic links and "unitary control" - the AG's opinion in the Schweppes trade mark reference
Trade mark rights may still be exhausted even if goods are imported bearing identical trade marks (having been applied in another EU Member State (MS) by …
Commission paper on IPR post-Brexit highlights the importance of resolving key issues prior to withdrawal
The European Commission has published a “Position paper transmitted to EU27 on Intellectual property rights (including geographical indications)” (7 …
Aldi encounters hiccup in the "Champagner Sorbet" CJEU reference
The use of the name "Champagner Sorbet" by the German supermarket chain Aldi for a sorbet dessert containing actual Champagne (12% by volume) was …
Luxury brands may be able to limit to the types of on-line sales platforms used by their distributors if AG's Opinion is followed by CJEU
Brand reputation is intimately connected with the manner and context in which products are purchased, so the Opinion of the Advocate General of the CJEU …
BitTorrents join unlawful streaming and unlawful downloads as infringements of copyright
Following on from its recent decision in Filmspeler, the CJEU has handed down its judgment in Stichting Brein v Ziggo, C-610/15 (The Pirate Bay), …
Court of Appeal foils Kit Kat on acquired distinctiveness
In the latest instalment of a ten year battle to register the shape of the Kit Kat bar as a UK trade mark, the Court of Appeal has dismissed Nestlé's …
More flexibility to threaten IP proceedings in the UK under new Unjustified Threats legislation
See our updated posting on the new Intellectual Property (Unjustified Threats) Act 2017 published on 28 September 2017 in anticipation of the Act …
The Unified Patent Court and Unitary Patent - Introduction
Consistent progress has been made towards the establishment of a unitary patent right (UP) across most countries in the EU. 26 of the 28 European Union …
3D Printing and IP - Herbert Smith Freehills publishes Practice Note on 3D printing published by Practical Law IP&IT
Our Practice Note on 3D printing published by Practical Law here: https://uk.practicallaw.thomsonreuters.com/Document/I3466c5d71a1711e798dc8b09b4f043…
UPC Prep Committee signals readiness at final meeting
The UPC Preparatory Committee held its final meeting on 15 March at which it agreed a collection of legal, HR and financial documents and confirmed that …
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