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UK IP weekly: Shorts v Google trade marks and passing off; Supreme Court AI patentability appeal; Motorola v Hytera multiple damages; analyses, updated notes, trackers, alerts and community

Published on: 05 December 2024

Published by a LexisNexis IP expert
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In this issue:

  • Trade marks/passing off
  • Patents
  • General IP
  • LexTalk®IP: a Lexis®Nexis community
  • Daily and weekly news alerts
  • New and updated content
  • Dates for your diary
  • Trackers
  • Useful information

Trade marks/passing off

Does YouTube Shorts infringe registrations of SHORTS marks and are those registrations valid? (Shorts International Ltd v Google Llc)

The dispute in Shorts International v Google [2024] EWHC 2738 (Ch) focused on Google’s YouTube Shorts offering. Shorts International Ltd (SIL) alleged that Google’s deployment of particular signs for the service infringed SIL’s registered trade marks and amounted to passing off. Google denied both infringement and passing off, arguing instead that SIL’s registrations were invalid or liable to revocation for non‑use. The court found that, at the relevant times, most of SIL’s registrations survived, although the word mark ‘SHORTSTV’ was invalid for the majority of goods and services, and other registrations were to be partly revoked for non‑use in respect of certain goods and services. The judge further held that SIL’s portfolio had only a low level of inherent distinctiveness, and that SIL’s use of the marks in the UK was not sufficiently widespread to support a claim to enhanced distinctiveness...

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