EU Signals what will happen to EU IP Rights

28th February 2018 | Blog

Just a quick note to let you know that the EU Commission has now published the Draft Treaty for the exit of the UK from the EU, and it includes the provisions regarding EU trade marks and designs. This had been a source of concern, with some lawyers scaremongering clients into extra work As I…

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Witness Statements and Memory – Dealing with Conflicting and Woolly Stories

27th November 2017 | Blog

In many cases the stories that come from clients contradict, and in others the stories from the other side don’t quite feel right but there is nothing concrete to hang an attack on. How do we deal with that in litigation? How far can a client’s recollection be trusted? A recent case of the UK Intellectual Property…

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Challenging Trade Marks in the UK – An important difference between Oppositions and Invalidity

24th November 2017 | Blog

When we advise clients, one set of terms which regularly causes issues is “opposition” and “cancellation”. Broadly speaking, there is very little difference between the two, and certainly there are very few occasions when it makes a difference whether a client is opposing (or being opposed) under opposition proceedings or cancellation proceedings, but the UK…

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Damages for Breach of Confidence – Get the Claim Right

26th November 2016 | Blog

The key issues when claiming damages is evaluating loss.  Sometimes the basis is rough and ready; sometimes it is perfectly scientific.  In the case of Marathon Asset Management (read the full judgment here) the judge took the view that this was a high risk attempt to obtain jackpot damages – in this case £15M – on…

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UK Courts Extend cases Where Internet Service Providers can be targeted

26th October 2016 | Blog

In the world of counterfeits, the internet is often a massive game of “WHACK-A-MOLE”.  Hit one website and another pops up – quite often the same one on a different server and/or under a different domain. If you are chasing this then one option is to move from attacking the supply of internet services to…

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Wood IP supports IP Pro Bono Scheme

17th October 2016 | Blog

Wood IP is pleased to be a part of the IP Pro Bono Scheme launched today (17 October 2016) by HHJ Hacon of the UK Intellectual Property Enterprise Court. Offering pro bono services has been part of the fabric of the firm since its inception, and the new scheme provides further support and scope to…

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Clarification over Court Fees for IP Claims – cheaper than you thought!

26th September 2016 | Blog

With the rise a while back in court fees, there has been some question over what fees are payable (and how to reduce the fees paid upfront).  On claims for damages over GB£200k the court fees are GB£10k for the damages sought. One way that had been suggested was to make a declaration of likely…

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UK Court clarifies position on “Colour/Colour Combination” marks

26th June 2016 | Blog

Energy drink.. blue and silver…  any ideas?  I would imagine most people would say RED BULL.  Colour combinations, or the use of a particular colour on packaging, can be a key brand indicator.   A product with such strong recognition is likely to have competitors that seek to use similar colour combinations, and so at some…

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No S-topping Pizza Defendant who Built up Rights

26th April 2016 | Blog

How do you deal with the situation where you launch first, then someone else does and you subsequently register the mark? This became the question in this messy case presented as a franchise gone wrong. In the process the court gave some rather important comments about the transfer of goodwill. The background was that the claimants owned…

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Why I am Giving Away My Knowledge

18th February 2016 | Blog

Today I start a series of posts publishing a guide which “gives away” a massive amount of information on how to run a trade mark dispute.  It is no exaggeration to say that this is “unusual” – not least because it gives away a substantial amount of my personal advantage only 2 and a half…

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UKIPO Trade Mark Cases – Week to 11 December 2015

26th December 2015 | Blog

Another set of reports – do leave comments or get in touch if you wish to discuss them! O-575-15 TRADEMARKERS An application to register the mark TRADEMARKERS in a logo format was opposed by Mr Mark Kingsley-Williams, who operates and owns the trade marks pertaining to TRADE MARK DIRECT, a firm which registers trade marks. …

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UKIPO Trade Mark Cases – Week to 18 December 2015

18th December 2015 | Blog

O/594/15 INSTADRY       SCA had sought to protect the mark INSTADRY in the UK via an international registration.  Proctor & Gamble opposed this based upon an earlier CTM for the mark InstantDry, a mark which was sufficiently old that proof of use was required.  In both cases the goods included feminine hygiene products, including sanitary pads. …

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SUPER HEROES Trade Mark – nearly an Achilles Heel for DC/Marvel

26th November 2015 | Blog

Last week the press in the UK was full of the story of a case in which a “David” called Graham Jules vanquished DC and Marvel in a case about the use and registration of the mark BUSINESS ZERO TO SUPERHERO (DC and Marvel jointly owning a registration of the mark SUPER HEROES (amongst other variants)).  At the…

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