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News

The latest insights, sector developments and case updates from Potter Clarkson. Explore up-to-date content from our experts and stay informed on the issues shaping the IP landscape.

UK comparable trade marks: grace period ends soon
UK comparable trade marks: grace period ends soon
Article
Oct 13, 2025
3 min

UK comparable trade marks: grace period ends soon

As 2025 draws to a close, brand owners face an important deadline that could affect their UK trade mark rights. From 1 January 2026, it is no longer possible to rely on evidence of use in the EU to maintain the validity of UK comparable trade marks (often called “Brexit clones”). This marks the end of the grace period for use, originally set out in the UK/EU Withdrawal Agreement.

Chambers and Partners 2026
Chambers and Partners 2026
Firm News
Nov 1, 2025
3 min

Chambers and Partners 2026

We’re proud to announce that Potter Clarkson has once again been recognised in the Chambers UK Guide 2026.‍‍

Article
February 27, 2023
4 min

Understanding software licences (part 1)

If you are working with or developing any form of software, you should have a robust licensing agreement in place. But what is a software licence, what does a software licence look like and what types of different licences are there?

Software
Electronics & Computing
Licensing & Commercial Agreements
Copyright
Article
February 17, 2023
4 min

Unified Patent Court will start on 1 June 2023

Today it has been confirmed that Germany has deposited its instrument of ratification of the Agreement on a Unified Patent Court. This means the conditions required to put the Agreement into action have been met so the Unified Patent Court (UPC) will start on 1 June 2023. Unitary Patents will also be available from that date.

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Patents
UPC Litigation
Licensing & Commercial Agreements
Case Update
February 16, 2023
9 min

Monkey business: Is machine-created art worthy of copyright?

In a current US copyright infringement case, the defendants, Ryder Ripps and Jeremy Cahen argue that there is no copyright in the well-known bored ape images traded as NFTs by Yuga Labs, Inc. because they were generated by an automated computer algorithm.

Creative Industries
Artificial Intelligence
Copyright
Litigation
Case Update
February 9, 2023
2 min

Hermès’ Birkin not drowned by Campbell’s soup: the MetaBirkin decision

Yesterday, French luxury fashion house Hermès won a landmark trial in the US which determined that the “MetaBirkin” NFTs infringe Hermès’ trade marks relating to its iconic Birkin bag. This is the first significant intellectual property judgment relating to NFTs, and brand owners will be delighted that it has gone their way.

Fashion & Apparel
Creative Industries
FMCG
Trade Marks
Litigation
Brand Enforcement
Firm News
February 9, 2023
2 min

Potter Clarkson delighted to be featured in 2023 WTR 1000

Potter Clarkson is delighted to be featured in the 2023 edition of the World Trademark Review (WTR) 1000 - the definitive resource for those seeking world-class trade mark legal expertise.

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Article
February 7, 2023
9 min

The future is green: IP and marketing considerations for sustainable fashion brands

The early 21st century saw the seemingly inexorable rise of both online retail and fast fashion. Yet, recent years, as the climate crisis has deepened, have seen a challenge to this approach as consumers, retailers and fashion houses seek to put green credentials and sustainability at the forefront of their respective priorities.

Fashion & Apparel
Creative Industries
FMCG
Energy & Cleantech
Trade Marks
Brand Strategy
Designs
Patents
Trade Secrets
Article
January 31, 2023
20 min

Toyota in a solid position in solid-state lithium patents

The grant of a patent gives the owner the right to take action against a third party performing an infringing act without their consent. It is the granted claims that define what falls within the scope of the patent. New areas of technology often attract aggressive patent filing strategies where it is the ambition of the patent applicant to obtain the broadest claims possible with each new innovation. Once the patent is granted, it is the responsibility of the patent owner to police it and take action or engage a third party in negotiations if they suspect patent infringement is occurring.

Battery Technology
Energy & Cleantech
Advanced Materials
Industrial Chemistry
Electronics & Computing
Patents
Litigation
Freedom to Operate
Licensing & Commercial Agreements
Case Update
January 31, 2023
3 min

MetaBirkin on trial: Hermès v Rothschild

A pivotal IP trial has just begun in the US concerning IP rights in non-fungible tokens (NFTs) related to French fashion house Hermès’ iconic Birkin bag.

Fashion & Apparel
Creative Industries
FMCG
Trade Marks
Litigation
Case Update
January 31, 2023
2 min

Fntastic's THE DAY BEFORE trade mark application blocked: The advice is to file early!

The hotly anticipated THE DAY BEFORE from game developer Fntastic has encountered a block to its own application to register the trade mark in the USA.

Creative Industries
Trade Marks
Article
January 27, 2023
2 min

Post-registration challenges at the UKIPO

The UKIPO has introduced a change, taking place with immediate effect, that will particularly impact upon the proprietors of (WIPO) International Registrations designating the United Kingdom.

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Trade Marks
Article
January 27, 2023
5 min

What is a trade mark clearance search?

If you are working on any type of new creative to support the launch of a new brand for one of your clients you should always conduct a clearance search, but what is a clearance search?

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Brand Clearance
Trade Marks
Article
January 26, 2023
6 min

Standard Essential Patents: Telecoms

Our news roundup covers disputes and cross-licensing developments in the telecoms sector.

Communications
Electronics & Computing
Patents
Litigation
Licensing & Commercial Agreements
Article
January 26, 2023
5 min

Standard Essential Patents: Connected cars and policy

Our news roundup covers increased access to Internet of Things (IoT) technologies in the connected vehicles sector and policy updates intended to increase options for standards stakeholders.

Electronics & Computing
Communications
Patents
Licensing & Commercial Agreements
Article
January 25, 2023
16 min

Intellectual property knowledge is power

The IP landscape is an assessment of the intellectual property rights in a particular area of technology.

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Case Update
January 24, 2023
1 min

Nokia and Samsung sign 5G patent licensing deal

Nokia announced yesterday that they have signed a multi-year 5G patent cross-licensing deal with Samsung.

Communications
Electronics & Computing
Patents
Licensing & Commercial Agreements
Article
January 19, 2023
6 min

Building brands: the engineering behind success

Branding is a crucial aspect of any business. The engineering sector is no exception.

Engineering
Creative Industries
Spacetech
Brand Strategy
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Licensing & Commercial Agreements
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