The EU General Court has upheld a Board of Appeal ruling in a dispute between Chanel and Huawei, finding that Huawei’s EUTM application for a figurative H/U shape was not similar to Chanel’s Double-C trade mark (Case T-44/20, 21 April 2021). Huawei applied to register the EUTM for goods in class 9 in 2017 (far left). Chanel opposed the Huawei application based on two French trade marks (middle and right): (1) a figurative mark for “Cameras, sunglasses, glasses; earphones and
In its annual review of markets that engage in or facilitate counterfeiting and piracy, the US Trade Representative has named 39 online markets (including many of Amazon’s foreign domains, Shopee and Taobao) and 34 physical markets. The European Commission published a similar list in its Counterfeit and Piracy Watch List in December 2020. Both lists provide useful information on the challenges IP rights owners face in enforcing their rights in the various online marketplaces,
Are arbitration clauses a good idea? This post is not going to resolve this longstanding debate but it will highlight some of the intended (and unintended) consequences of an arbitration clause. The use of arbitration clauses in trade mark coexistence agreements was recently considered by the UK's IP Enterprise Court (IPEC) in Lifestyle Equities CV & Anor v Hornby Street (MCR) Ltd & Ors. Lifestyle Equities owns six EUTMs and one UKTM (post Brexit that is 7 UKTMs) for BEVERLEY
A case regarding “ballet flats” is likely the last time in which a UK court will sit as a Community Design Court, and the judgment was handed down expeditiously given the end of the Brexit transition period on 31 December 2020. The case involved registered Community designs (RCDs) and unregistered Community designs (UCDs), and issues of both validity and infringement. Deputy High Court Judge David Stone found: both the registered and unregistered design to be valid as they pr
You take a famous car company with a well known trade mark, say Ferrari, and decide that you can get an entirely new revenue stream licensing this mark for use on FMCG products such as clothing. It is a roaring success! Competitors look at this success and think - great idea! Let's copy it... but not all of them clear their rights first. The following is a cautionary tale in more ways than one. I was in charge of this case from its start until well into the disclosure phase.
My final IPKat post was dedicated to one of my favourite IP topics - designs. They are forgotten and misunderstood rights which is a shame because they straddle the issues facing all of the different IP rights. It's hard to truly understand designs without also understanding trade mark, patent and copyright law first. This post is a whistle stop tour of some recent design decisions you may have missed and the first in a regular series of six monthly posts on this topic which
UK unregistered design right (UK UDR) is a handy IP right which is often overlooked by rightsholders.
It protects the shape or configuration of the whole or part of a product for ten years from the date the design was first (or 15 years from the date it was first recorded in a design document if that period is shorter). UK UDR does not protect surface decoration (unlike Community
unregistered design right and registered designs).
Since the recent procedural reforms in t
Just under four years ago the UK Intellectual Property Office commissioned research to address the lack of existing data on design infringement. The results of that research were published last week. My key takeaway is that the designs community does not appreciate the value of designs - particularly unregistered designs. This post aims to change that. Unregistered vs unregistered designs In the report, unregistered designs were rated at the bottom of the list of useful right
Four years is a long time in politics but not a particularly long time in the land of government reports. Just under four years ago the UK Intellectual Property Office commissioned research to address the lack of existing data on design infringement. The results of that research were recently published. Designs are an important part of the UK economy. In 2015, the UK design economy was worth 6% of the nation’s total economy. It was therefore considered a worthwhile exercise t
Although it is a case management decision, there are so many hints in the recent decision Spin Master v PMS  EWHC 1477 (Pat) that Mr Justice Carr wants the judgment to get wider circulation. As he puts it, the CMC raised the issue of "how to achieve short, cost-effective hearings where one or perhaps both parties are preparing for a much longer trial." Background to the dispute This dispute concerns alleged infringement of a Community registered design (002614669-0002)