The Retained EU Law (Revocation and Reform) Act 2023 came into force in the United Kingdom on 1 January 2024. This piece of legislation is likely to have important implications for owners of intellectual property rights in the UK, in that UK law relating to trade marks, copyright, design rights and SPCs (Supplementary Protection Certificates) may well start to diverge from EU law moving forward.
Almost three years after the end of the Brexit transitional period, the UK Courts have again chosen to diverge from retained EU case law (now known as ‘assimilated law’) in the landmark judgment of Industrial Cleaning Equipment (Southampton) Ltd v Intelligent Cleaning Equipment Holdings Co Ltd & Anor [2023], which was handed down in December 2023.
For most sports fans, the first full week in April will always be synonymous with one of the most iconic annual sporting events - The Masters. While golf, and perhaps the Masters tournament itself, may be stereotyped as having ‘old-fashioned’ traditions at their core, this is definitely not the case in 2024. From a closer look at the Masters and Augusta National in particular, we see a great example of how a progressive attitude to technology adoption has helped maintain and grow the status of the Masters as one of the most iconic events in sport.
Lidl, a discount supermarket with a presence in the UK since 1994, has been successful in an infringement and passing off claim against Tesco, the largest supermarket chain in the UK.
The dispute came before the High Court in 2023 and Lidl was overall successful. Tesco appealed that decision and the Court of Appeal has largely confirmed the lower court’s decision. Tesco will have to cease use of its Clubcard Prices logo (as shown below) which has been used to promote its discounted ‘Clubcard Prices’ scheme since 2020.
In Scotland, a large proportion of innovation in the biotechnology and life sciences sector comes from start-up and spin-out companies. Obtaining effective IP protection for these valuable innovative ideas not only is critical for attracting investment at seed and early stage, but also impacts the long term growth of the company. A recent joint study by the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO) examined the role of IP rights with regard to attracting funding opportunities and investment.
Michael Tappin KC, sitting as Deputy Judge, has issued an interim judgment in the ongoing IPEC proceedings between Seraphine Limited and Mamarella GmbH. The judgment highlights some of the difficulties one can face when trying to rely on and enforce terms and conditions against a previous partner where terms are not clear, do not reflect the practical ways in which the parties trade with each other, or where there is lack of evidence of terms being in effect between the parties. This serves as a reminder to retailers to have your house in order and to conduct regular reviews of your terms to ensure their relevance, accuracy and applicability.
The decision previously handed down by the Intellectual Property Enterprise Court (a division of the High Court) that Aldi infringed a number of registered designs by M&S directed towards gin bottles containing suspended gold flakes and a light incorporated in the base of the bottle has been upheld by the Court of Appeal, with Lord Justice Arnold, Lord Justice Moylan and Lord Justice Lewison dismissing Aldi’s appeal.
As the fashion industry further digitalises, those kick starting their presence in the digital realm need not to be naïve about data, privacy and security principles.
The Federal Court has dismissed an appeal of the Registrar of Trademarks' (Registrar) decision to expunge the AVIREX Mark (Mark) under s. 45 of the Trademarks Act. In doing so, the Court has provided further guidance on what constitutes "special circumstances" to excuse non-use in the relevant period, specifically regarding acquisitions of impugned marks.