IP update

The first Intellectual Property (IP) analysis concerns guidance which has now been given by the UK Court of Appeal as to when UK patent proceedings should be stayed pending the conclusion of European Patent Office opposition proceedings. The answer appears now to be "very rarely".

The second concerns a myspace domain name dispute and the circumstances in which a domain name which was legitimately registered can become an "abusive registration" entitling a complainant to an order for transfer under the Nominet dispute resolution procedures.

The final analysis relates to the latest Court of Appeal judgment in the Boehringer Ingelheim & Others v Swingward & Others saga. Predictions are that neat and tidy repacking is very rarely going to be held damaging to the reputation of the trade mark owner or its mark. For any such argument to stand any chance of success the trade mark owner will to need to lead with positive evidence of such damage and not expect the court to make inferences from the nature of the re-packaging itself.