Rosie BurbidgeDec 22, 20223 minHow are unusual trade marks faring at the EU General Court?Two EU General Court judgments on unconventional trade marks (Jet washer tips and smiley faced chips) led to two different outcomes.
Rosie BurbidgeNov 24, 20222 minWhen is a design solely dictated by technical function?When is a registered design “solely dictated by its technical function”? And how relevant is the existence of a prior patent?
Rosie BurbidgeNov 23, 20223 minSHOPIFY v SHOPPI: What are the risks of a weak trade mark? The EU General Court has upheld a finding of no likelihood of confusion between an EU trade mark for Shoppi (figurative, pictured) and...
Rosie BurbidgeOct 28, 20223 minCan infringing tester products be destroyed?Goods such as "testers" that are put on the market without the IP right holder’s consent may be destroyed, even if they were not...
Rosie BurbidgeOct 28, 20223 minHow connected are infringement and invalidity actions?The Court of Justice of the EU has ruled on an interesting but unusual question, namely: can an EU trade mark court rule on the validity...