Court: Intellectual Property Enterprise Court

UK High Court rules BUILDER lacks distinctiveness in connection with software-related goods and services

The decision illustrates that when registering trademarks, especially in connection with new technologies, the question of distinctiveness should be thoroughly examined to include future industry developments.

22 August 2024

Morley's v Metro's – success tastes better for the fast-food franchise

The IPEC has highlighted some of the potential pitfalls of drafting settlement agreements, particularly in relation to franchisees.

09 August 2024

Court of Appeal upholds IPEC decision in anti-ageing serum dispute

The decision broadens the scope of passing-off claims, demonstrating that misrepresentation can lead to damage beyond specific marks or get-ups.

07 February 2024

IPEC orders account of profits in MERCURY dispute

The court addressed the suitability of an account of profits before calculating the profits payable.

15 November 2023

BICC disappointment in passing-off dispute: IPEC examines chain of title, goodwill and ‘folk memory’

The case highlights that, to avoid chain of title disputes, it is advised to keep contemporaneous records where IP rights are being transferred.

13 November 2023

IPEC upholds passing-off claim in anti-ageing skincare product case

This decision is noteworthy as it is a successful pure passing-off case, when often a ruling on passing off follows a finding of trademark infringement.

31 May 2023