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24 Jun 2024
International Women in Engineering Day 2024

23 June 2024 is International Women in Engineering Day (IWED). This is a day for celebrating and promoting the amazing achievements of female engineers around the world.

10 Jun 2024
Big Mac, Little Use

Following a seven year battle between McDonald’s and the Irish fast food restaurant group, Supermac’s, the General Court of the European Union has handed down a decision to partially annul an earlier decision of the EUIPO’s Board of Appeal, thereby cancelling McDonald’s European Union trade mark (EUTM) registration for its BIG MAC mark insofar as it covers certain products.

30 May 2024
Same As It Ever Was: Court of Appeal View on Panel Composition Unchanged

In the first order since the landmark decision of 10 April 2024, the Court of Appeal comments on its ability to determine its own panel composition.  Its position remains unchanged: a panel of three legally-qualified judges is allowable for proceedings without technical matters.  The Court has dismissed a request to refer the matter to the CJEU.

29 May 2024
First UPC Court of Appeal Order on a Stay

In a UPC first, the Court of Appeal has issued an order regarding the granting of stays.  The Court sets out a prevailing principle that stay requests will not be granted.  An exception to this principle is when a rapid decision from the EPO is expected, but the Court may exercise its discretion on whether to actually stay the proceedings.

08 May 2024
Pragmatism or inconsistency from the UPC Court of Appeal?

A detailed decision from the UPC Court of Appeal takes a principled approach to public access applications and provides valuable guidelines.  However, the Court may have set itself up for a bigger contest on panel composition, having sat without any technically-qualified judges.

27 Mar 2024
Tesco’s Logo Blues (and Yellows)

The Court of Appeal recently issued its judgment in the latest episode of the colourful legal saga between Lidl and Tesco, upholding the High Court’s decision that Tesco’s use of its ‘Clubcard Prices’ sign amounted to trade mark infringement and passing off.  Trade Mark Assistant, Daniel Wheatley, provides insight on the recent judgement.

13 Mar 2024
M&S success in the gin-famous case against Aldi

In a recent decision, the Court of Appeal has upheld the Intellectual Property Enterprise Court’s (“IPEC”) earlier decision that Aldi infringed registered designs owned by M&S, dismissing Aldi’s appeal in its entirety.

08 Mar 2024
Preliminary Injunctions at the UPC – What have we learnt from the first decision of the Court of Appeal of the Unified Patent Court?

The Court of Appeal of the Unified Patent Court (UPC) issued its first substantive decision on 26 February 2024.  The Appeal concerned a preliminary injunction granted by the UPC Local Division in Munich to 10X Genomics against NanoString Technologies.

07 Mar 2024
A hardening of the boundaries of UPC public access applications

A new order has been issued by the UPC regarding Rule 262.1(b) RoP applications in Bitzer v Carrier (UPC_CFI_ 263/2023), in which Dehns is acting on behalf of the defendant, Carrier Corporation.

This is the latest in a series of orders in this area, which further hardens the boundaries of such applications by extending the list of documents that the Court will not provide public access to, further limiting the transparency of the Court.

05 Jan 2024
Lights out for Lewis Hamilton in dispute with Swiss watchmaker

“In this line of work, it’s vital that we do not conflate our personal perception with that of the ‘average consumer’ — a legal concept that serves as a reference point for assessing trademark disputes”. Dehns UK Chartered Trade Mark Attorney, Alexandra Nott, discusses the recent EUIPO Board of Appeal decision which held that Lewis Hamilton is not a well-known sports personality in the EU.

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