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IP weekly: Brexit trade mark fallout, UPC jurisdiction and anti-suit, SEP/FRAND developments, designs reform, and AI copyright/licensing—12 March 2026

Published on: 12 March 2026

Published by a LexisNexis IP expert
Legal News
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In this issue:

  • Trade marks/passing off
  • Patents
  • Designs
  • Copyright & associated rights
  • IP and technology
  • General IP
  • LexTalk®IP: a Lexis®Nexis community
  • Daily and weekly news alerts
  • New and updated content
  • Dates for your diary
  • Trackers
  • Latest Q&A
  • Useful information

Trade marks/passing off

The ghost of Brexit past—a road to nowhere?

The Court of Justice has determined that UK common law passing off stemming from use of a trade mark in the UK can no longer serve as a legitimate ground to oppose an EU trade mark filing post-Brexit. This ruling finally lays the ‘ghost of Brexit past’ to rest and has broader consequences for trade mark practice before the EU Intellectual Property Office (EUIPO). Authored by Lee Curtis, partner and chartered trade mark attorney at HGF Limited. See News Analysis: The ghost of Brexit past—a road to nowhere?

Date for assessing bad faith claims against UK comparable (Brexit) trade marks (Parabolica v Tesla)

On 23 February 2026, the High Court allowed Parabolica Ltd’s appeal and clarified the correct date for evaluating bad faith under section 3(6) of the Trade Marks Act 1994 (TMA 1994) where a UK...

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