Included in this issue: KitKat can't get a break in Court of Appeal; A marathon challenge to claim Wrotham Park damages for breach of confidentiality; High Court rejects finding of similarity between IWATCH and ISWATCH trade marks and more...


KitKat can't get a break in Court of Appeal

  • KitKat loses Court of Appeal case to register its four-fingered bar as 3D trade mark
  • Court of Appeal ruled it had not acquired distinctiveness
  • Should brand owners think twice about registering 3D trade marks

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A marathon challenge to claim Wrotham Park damages for breach of confidentiality

  • Former employees kept copies of confidential information belonging to previous employer
  • Breach of confidentiality clearly established
  • How to assess damages where no use made of the confidential information?

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High Court rejects finding of similarity between IWATCH and ISWATCH trade marks

  • Guidance from the High Court on the assessment of similar goods
  • Assessment based on the nature of the essential / incidental features of the product in question
  • A feature that is purely incidental to the main purpose of the product will not be sufficient for a finding of similarity between products

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Court of Appeal dismisses appeal by parallel importer who infringed pharmaceutical trade mark

  • Tension between trade mark infringement and the free movement of goods within the EEA
  • Public campaigns about product properties and trade mark significance
  • Is a trade mark enforceable against an importer of an identical product produced by the same manufacturer?

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An intention to respect confidential IP information a factor in non-continuation of an injunction

  • Claimant sought an extension of a without notice injunction prohibiting disclosing confidential IP information to third parties
  • Court finds no real intention to breach confidentiality on the part of the Defendant
  • Reminder that an injunction should not be granted if the purpose is merely to ensure confidential IP information is treated carefully

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High Court rules on FRAND patent licenses

  • What are fair, reasonable and non-discriminatory (FRAND) terms (including rates) for a licence of standard essential patents (SEPs)?
  • Guidance within two judgments on negotiating FRAND licenses and precedent terms for a licence, and on the outcomes / remedies
  • Interplay between patent and competition law

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Key contact

Emma Armitage

Emma Armitage

Partner, Dispute Resolution, Intellectual Property
London, UK

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