Bloomsbury IP/IT Briefing: August Teaser

The Court of Appeal upheld a finding of likelihood of indirect confusion between EU and UK trade marks for EAGLE RARE (registered for goods in class 33) and a bourbon whiskey sold under the name AMERICAN EAGLE.

Patent judgments in the High Court in the past few weeks have addressed issues including exclusions from patentability (Renaissance Technologies), validity and infringement of a telecoms patent in FRAND litigation (InterDigital) and compensation following undertakings given in the pregabalin litigation (Dr Reddy’s Laboratories). There were also two judgments on applications for expedited trials: one was granted, and one refused.

There have been a number of judgments in trade mark cases. Serial litigant easyGroup won one case against another company using the easy- prefix (easyway) but lost another (easylife) after witness evidence from consumers was admitted.

A ruling that an application to register a trade mark can constitute passing off was upheld in a case concerning the Litecoin cryptocurrency while a decision of non-infringement in the IPEC regarding the OATLY trade mark demonstrated the difficulty of enforcing marks that include a descriptive element.

A notable copyright case concerned the hit song Waiting All Night by Rudimental, which was found not to be copied from a performance of an earlier song, titled Can You Tell Me, despite similarities in both words and melody.

The IP/IT Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.

Written by James Nurton

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