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UNITARY PATENT

In 2012 Member States and the European Parliament agreed on the "patent package" - a legislative initiative consisting of two...

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Make Your Mark Autumn 2011

IN THIS ISSUE
Introduction

Introduction

Scams and sharp practices typically target the weak or vulnerable, but brand owners are not immune. In recent years, busy in-house departments and SMEs alike have been ta...

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European Perspectives

Pan-EU Injunctions? Don't Take Them for Granted

The ability to stop infringers across the EU with just one action is one of the most attractive features of the CTM system. Not so fast, though, with those writs. A recen...

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Re-Fills Brim with Uncertainty in Gas Repackaging ...

A specialist corner of repackaging law had an airing recently when the ECJ looked at the practice of re-filling branded gas containers. The decision in Viking Gas A/S v K...

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Unwise Words and Informal License Pin Down Shadowy...

Overseas brand owners often rely on licensees to notify and act upon infringements in their local markets. This makes good business sense, since licensees have as much, i...

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Tackling Infringing Use in Online Marketplaces

Knock-offs, counterfeits and parallel importers represent brand enforcement challenges, wherever they occur. When goods are sold online, though, special questions arise i...

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Alicante Abstracts

Registration Dates? Not Always What They Seem...

In CTM oppositions, proof of use can make or break a case. Gauging whether an opponent's rights are subject to such proof is therefore key for applicants, since vulnerabi...

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On Representation Issues, OHIM Has Bark But Little...

In a surprising decision this spring, OHIM's First Board of Appeal let the air out of the dictum that applicants not domiciled in the EU should be represented locally in ...

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It's a Cat Fight on Bad Faith in Lion Capital

Bad faith came to the fore again recently before OHIM, in a case involving big cats. While it breaks no new legal ground, the Opposition Division decision in Lion Capital...

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News

Snippets

A recent case before the (European) General Court (Mundipharma v Asociacion Farmaceuticos Mundi (AFM)) struck a blow for common sense in relation to Class 5 practice. AFM...

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in the uk office

Nisa Raises the Bar for UK-IPO Costs Decisions

With the rising complexity and costs of UK-IPO proceedings, recovery of legal costs for victors is of increasing importance. Likewise, exposure to costs liability is a fa...

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Uk Court Diary

Omega on Coexistence Deals: Getting it Right

As usual with litigation, most trademark disputes are settled before they ever reach court. This is particularly so in cases arising out of disputed trademark application...

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Costs and Procedure Clarified in Reformed Trademar...

Just how much litigants can expect to spend, and recover, in trademark litigation before the new-style Patents County Court ("PCC") is now clearer, thanks to a recent jud...

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CTM Owners, Careful With Those Threats...

Beleaguered UK brand owners already know that dangers lurk in threatening to sue others for infringement. Now, CTM owners from other shores should take note, too, followi...

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New High Court Guidance on Survey Evidence in A&E

Surveys are frequently invoked in trademark disputes and can lend critical support to a case for or against a likelihood of confusion. The cost of preparing such evidence...

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​Out and about

Out and About

New Jenkins Office Jenkins celebrated the opening of its new UK office in Farnham, Surrey with a reception held in July in the grounds of Farnham Castle (pictured).The F...

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