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This morning, the Supreme Court handed down its long awaited judgment in the case of Sky v Skykick [2024] UKSC 36 (a copy of the full judgment can be found here). We will be producing a detailed note on the full judgment (which runs to an impressive 145 pages) shortly. However, we set out a… Read more »
Are toys which accurately replicate real products equivalent to virtual goods? If so, what do cases about replica toys teach us about how the Courts will assess infringement and the similarity of goods vs their virtual equivalent? In our latest article in this series, we build on the decision of the EU IPO in Opposition… Read more »
Capturing the attention of both legal experts and technology enthusiasts alike, the UK Supreme Court handed down its highly anticipated decision in the case of Thaler (Appellant) v Comptroller-General of Patents, Designs and Trademarks (Respondent) on 20 December. In a unanimous decision, the UK Supreme Court dismissed Dr Thaler’s appeal which relates to two inventions… Read more »
The word “Metaverse” has been around for some time. It was coined by Neal Stephenson in the 1992 novel “Snow Crash”, but its wider adoption has been more recent. In 2022, 30 years since the term was first published, “Metaverse” came second-place in the Oxford English Dictionary word of the year. It is fair to… Read more »
It is not a surprise that the UK IPO has seen an increase in the number of trade mark applications which attempt to protect goods and services offered in the Metaverse. In Tribunal Practice Notice 2/2023 (“TPN 2/23”), which was published in April 2023, the UK IPO issued guidance on the correct classification of non-fungible… Read more »
In the recent case of Vodafone v IPCom [2023] EWCA Civ 113 the Court of Appeal ruled that it would not re-visit a costs order of nearly £1 million following the European Patent Office (“EPO”) subsequently revoking the patent which underpinned the original action. This case highlights the importance of parties to litigation (and their… Read more »
Good news for UK businesses, the UK Government has agreed a deal to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) with a well-negotiated exemption. The CPTPP is a free trade agreement between 11 countries, which reduces trade and investment barriers between members by eliminating tariffs and establishing common rules. The Agreement includes… Read more »
In a look at some of the latest patent filings in the automotive industry we highlight McLaren’s patent application to a powertrain using three electric motors, and application by Ford for a car that can drive itself away if the owner fails to keep up with repayments! McLaren – Patent Publication no. EP4112349 British supercar… Read more »
“The important thing is not to stop questioning. Curiosity has its own reason for existing. One cannot help but be in awe when one contemplates the mysteries of eternity, of life, of the marvellous structure of reality.”—Albert Einstein Einstein echoes a sentiment shared by much of humankind—that wonder is an experience to be cherished, and… Read more »
In one of the first legal cases to assess how trade mark law will apply to digital images protected by non-fungible tokens (“NFTs”), a New York jury has found that the MetaBirkin images produced by Mason Rothschild infringe the trade mark rights of Hermès in its Birkin bag. Artist Mason Rothschild created images of a… Read more »