Other Barks & Bites for Friday, February 27: UK Trademarks No Longer Within Scope of EU Law Post-Brexit; Second Circuit Reverses Ruling on Concert Rates Under BMI Consent Decree; USPTO Employee Pays $500K to Resolve Conflict of Interest Allegations
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Other Barks & Bites for Friday, February 27: UK Trademarks No Longer Within Scope of EU Law Post-Brexit; Second Circuit Reverses Ruling on Concert Rates Under BMI Consent Decree; USPTO Employee Pays $500K to Resolve Conflict of Interest Allegations
"The Court of Justice for the European Union announced the outcome of a judgment setting aside the judgment of the EU General Court, which had reversed the dismissal of trademark opposition proceedings at the European Union Intellectual Property Office filed by a Japanese company based on the use of its own trademark in the United Kingdom."
The Court of Justice for the European Union ruled that UK trademark rights no longer fall within the scope of EU law after Brexit's transitional period ended. This decision reversed an earlier EU General Court judgment that had reinstated trademark opposition proceedings at the European Union Intellectual Property Office. A Japanese company had filed opposition based on its own trademark use in the United Kingdom, but the CJEU determined such UK-based rights cannot support opposition actions within the EU framework. The ruling clarifies the jurisdictional boundaries between UK and EU trademark systems post-Brexit, establishing that trademark rights held in the UK are separate from EU trademark protections.
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