This High Court dispute between two Portobello Road Market traders over the rights to the brand “The Notting Hill Shopping Bag” considered issues of trade mark infringement, copyright infringement and passing off. “The Notting Hill Shopping Bag” brand has been used by...
Background As reported in several of our earlier articles, it has long been the practice of the European Patent Office (“EPO”) to require the description of a European patent application to be amended upon allowance of the claims to ensure that the description does...
Background In a recent UK Supreme Court Case, Iconix, the owner of Umbro, brought a claim against Dream Pairs under section 10(2) of the Trade Marks Act 1994. Iconix argued that Dream Pairs’ stylised “DP” sign (the “DP logo”), when used on footwear, was confusingly...
The new system replaces the 1976 Plant Breeders’ Rights Act and intends to bring South Africa into compliance with the International Union for the Protection of New Plant Varieties (or UPOV). However, what is more interesting is how many parallels the new system draws...
A recent example of this trend can be seen in the recent decision T 1193/23, where ChatGPT’s output was cited during the oral proceedings before the Board of Appeal. In this case, ChatGPT was used to interpret a term in the opposed patent claim to show how ‘a skilled...
Background In 2021, Transport for London (TfL) applied to register “MIND THE GAP” as a UK trade mark. The phrase is long associated with the London Underground and is used as a warning for passengers to be cautious when boarding and alighting from the trains. The...
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