Bloomsbury IP/IT Briefing: December Teaser

The Court of Appeal has published its judgment in the Bentley Clothing case, upholding all the first instance findings in the dispute between Bentley Clothing and Bentley Motors over trade mark infringement on clothing and headwear. The case provides some important lessons for businesses wishing to extend their brands to different sectors.

There have been two notable patent judgments from the High Court. In both of them the credibility of expert witnesses was decisive, raising questions about how expert witnesses are selected and prepared. The first case (Neurim v Mylan) concerned a patent for the use of melatonin in treating insomnia, and the second (Fisher & Paykel v Flexicare) involved a patent for a device fitted to ventilators.

In a trade mark, design and passing off case concerning vaping pods, in which the defendant was not represented, the judge granted default judgment but declined to make declarations about whether the use of the trade marks was in accordance with honest practices under Article 14 of the EU Trade Marks Regulation.

Two decisions from the IPEC were notable this month. One, concerning design rights for ballet flats, was probably the last case in which a UK court sat as a Community Design Court. The other, involving the Beverley Hills Polo Club trade mark, concerned the interpretation of an arbitration agreement.

At the CJEU, the Court ruled on the relevant date for determining the five-year period in which genuine use must be shown in a dispute referred from Germany. Meanwhile, the European Commission published its Digital Services Act and Digital Markets Act proposals.

Finally, with just a few days to go until the end of the Brexit transition period, the UK IPO has provided some further guidance, in particular regarding changes in the rules governing address for service.

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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