Appleyard Lees IP LLP

Global industrial activity has profoundly impacted the environment, contributing to challenges such as climate change. We are proud to announce the release of our 𝐈𝐧𝐬𝐢𝐝𝐞 𝐆𝐫𝐞𝐞𝐧 𝐈𝐧𝐧𝐨𝐯𝐚𝐭𝐢𝐨𝐧: 𝐏𝐫𝐨𝐠𝐫𝐞𝐬𝐬 𝐑𝐞𝐩𝐨𝐫𝐭, 𝐅𝐨𝐮𝐫𝐭𝐡 𝐄𝐝𝐢𝐭𝐢𝐨𝐧, which explores how organisations are responding to environmental challenges through innovation and investment. In this report, we analyse patent data and industry insights as indicators of the ongoing efforts to address and mitigate environmental impacts with #GreenInnovation. Access the full report here: https://bit.ly/4fDYkX9 #IGIPR2024 #PatentData #ClimateChange #ClimateChallenges

And we're off! We're delighted to be in #Dublin for our intellectual property seminar. Appleyard Lees', Head of IP and Commercial Contracts, Amritjot Jethwa, and Senior Associates, Edward Rainsford, and Rachel Mercer are talking about identifying, protecting, and commercialising biotech and life sciences innovation. #BioTechInnovation #LifeSciencesInnovation #IPEvents #IntellectualProperty

Aldi has lost in the Court of Appeal in a dispute over its lookalike cider. Thatchers has succeeded on appeal in its claim under section 10(3) Trade Marks Act 1994 that Aldi took unfair advantage of its trade mark. It is interesting that the trade mark registration relied upon is for the apperance of packaging rather than simply a name or logo. Brandowners which register their packaging have a greater arsenal to fight lookalikes. According to Lord Justice Arnold, Aldi intended for the design to remind consumers of Thatchers’, creating the impression that the Aldi product was a cheaper alternative, and thereby intended to take unfair advantage of the reputation of its trade mark. The full decision here: https://bit.ly/4jnhovB BBC article here: https://lnkd.in/ecnpunRA #trademarks #law #litigation Appleyard Lees IP LLP

‘Court of Appeal Rules in Favor of Thatchers Cider Company in ongoing Trade mark Dispute Against Aldi' The Court of Appeal has overturned the High Court’s dismissal of Thatchers’ claim under section 10(3) Trade Marks Act 1994 with a finding that Aldi took unfair advantage of Thatchers’ trade mark and is liable for trade mark infringement. The full decision can be found here 👉https://bit.ly/4jnhovB Key findings of the Court of Appeal include: 1. Similarity of the marks: o The High Court judge underestimated the degree of similarity between the marks. The Court of Appeal determined that the Sign used by Aldi on its cans and packaging closely resembled Thatchers’ trade mark. o A key consideration was what constituted the ‘Sign’ as used by Aldi. The Court of Appeal found that the Sign consisted of the ‘graphics on the cans and on the cardboard 4-can pack’ and not the Aldi Product itself. 2. Aldi’s Intention and Unfair Advantage: o According to Lord Justice Arnold, Aldi intended for the design to remind consumers of Thatchers’, creating the impression that the Aldi product was a cheaper alternative, and thereby intended to take unfair advantage of the reputation of its trade mark. o Notably, Aldi’s product achieved significant sales in a short time without any promotional expenditure and Aldi did not attempt to prove that it would have managed the same without using the Sign. o The High Court judge was wrong to reject Thatchers’ case that Aldi’s use of the Sign had resulted in a transfer of image of the mark and riding on the coat-tails of that mark (as described in L’Oréal v Bellure at [41] and [49]). 3. Rejection of Aldi’s s11(2)(b) defence: o The Court of Appeal dismissed Aldi’s argument that its actions were defensible under s11(2)(b) of the Trade Marks Act, namely, use of a descriptive mark in accordance with honest practices. o See paragraphs 129 -141. 4. Departure from L’Oréal v Bellure? o Aldi argued, as a last resort, that the court should depart from L’Oréal v Bellure. However, the Court of Appeal stated that it would not be appropriate for it to depart from that ruling and emphasised its enduring relevance. This decision highlights the legal protections available to brand owners against ‘lookalike’ products that exploit established trade marks. It affirms the principle that companies cannot ride on the coat-tails of a competitor’s reputation to unfairly gain market advantage. Keep your eye out for our upcoming article on the Appleyard Lees website

In this article, Partner, Barbara Fleck, and Trainee Patent Attorney, Oliver Herd, discuss the importance of timing in patent protection for university-based research that has commercial potential. It considers how early communication between academics and their University Technology Transfer colleagues is key as instant publication methods such as the use of online preprint servers and social media can potentially jeopardise invention patentability. Read more here 👉 https://bit.ly/42qsRV1

We’re proud to support Discovery Spark – a transformative programme helping you bridge the gap between science and business.   The next instalment of the programme, led by Discovery Park - a leading science and technology hub in Kent, is tailored for oncology start-ups and will run bi-weekly for a 7-week period across February - March. The free programme offers: 🟩Entrepreneurial skills to refine your strategy and prepare for investment & growth 🟩Practical tools to engage diverse stakeholders effectively 🟩Expert-led sessions on IP, branding, financial planning, EDI, ESG, and more 🟩Access to accomplished founder ambassadors and a supportive peer network   There are also some incredible prizes up for grabs: 🏆 1 year of free lab space at Discovery Park  🏆 A spot in the CRUK-funded Cancer Tech Accelerator Bootcamp 🏆 A business support package worth over £50,000   Supported by Capital Enterprise Network, Cancer Tech Accelerator, Kent & Medway Cancer Alliance, and the University of Kent, this is a fantastic opportunity to refine your business model, master your pitch, and grow your network.   Don’t miss out – register your interest today: https://lnkd.in/eunYkpQY   #Oncology #Innovation #CancerTech #Startups #LifeSciences #DiscoverySpark #DiscoveryPark #SupportingInnovation

Great to see! 🚲 Delighted to be working in partnership with BiotechBikers. #JPM #JPM2025 #JoinTheRide #MakeTheConnection

How can hydrogen shape the future of sustainable energy? Welcome to the Inside Green Innovation: Progress Report podcast series, where we dive into the topics covered in our latest report. In each episode, you’ll hear directly from the authors as they share their insights and expertise. In this episode, European Patent Attorney, Emily Bevan-Smith, and Trainee Patent Attorney, Holly Redman PhD, discuss their article (co-written with Partner, Christopher Mason) on hydrogen — a key player in the transition to greener energy on a global scale. Listen now: https://bit.ly/3CdLz7z #Hydrogen #SustainableEnergy #GreenInnovation #IGIPR24

In case you missed it! #ICYMI Our recent article, written by Trainee Patent Attorney, Oliver Herd, and supported by European Patent Attorney, Alia Tayer, looks through the lens of patent filings to highlight some of the key movements in Bioprinting. Discover more at: https://bit.ly/4g8q3ju This article is part 2 of our innovation in 3D printing article series. #HealthTech #BioTech #BioTechInnovation #3DPrinting #BioPrinting

Appleyard Lees’ Senior Associate and Chartered Trade Mark Attorney, Beverley Robinson, recently acted for Play’n GO Marks Ltd (Play’n GO) in the successful opposition of four trade mark applications filed by Blueprint Technologies Ltd (Blueprint). Co-authored by Beverley, and Trainee Trade Mark Attorney, Lisa Thomson in this article we explore the UK IPO decision to reject Blueprint’s four trade mark applications on the basis of a likelihood of indirect confusion with Play’n GO’s earlier trade mark ANKH OF ANUBIS. Read more at: https://bit.ly/3VN4LQp #TradeMarks #UKTradeMarks #IP #BrandProtection