CJEU Cofemel decision applied by UK court for the first time: "complete conformity" with EU law would preclude any requirement of aesthetic appeal

Published

Jan 31 2020

Written By

Of Counsel
Italy

I am an Of Counsel in the IP team, and work between Milan and London on copyright and trade mark issues. I am also a law academic and have authored hundreds of articles on IP issues, including multiple scholarly articles and books on EU IP law.

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Earlier this week, the Intellectual Property Enterprise Court (a specialist court which is part of the Business and Property Courts of the High Court of Justice of England and Wales) issued its decision in Response Clothing Ltd v The Edinburgh Woollen Mill Ltd [2020] EWHC 148 (IPEC) (29 January 2020) (‘Response’).

This is the first UK judgment tackling the implications of the recent decision of the Court of Justice of the European Union (‘CJEU’) in Cofemel, C-683/17 (‘Cofemel’, discussed here).

Read the full article here >