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Win for Waterfront Advocate in Trade Mark Case

Feb 8, 2015

Waterfront partner, Matthew Harris, acting as advocate has secured a win in a contested hearing before the United Kingdom Intellectual Property Office in a recent trade mark invalidity case.   US company Andover Healthcare Inc had sought to invalidate the KO-FLEX trade mark of Urgo Limited for bandages by claiming prior rights in the term COFLEX under the law of passing off.  The case was unusual in that the hearing officer had to consider the scope of Andover’s rights in the late 1990s and this required  a consideration of the impact of the Medical Devices Regulations 1994 on market practice.

The decision was issued on 4 February 2015, but only now become publically available on the UK IPO website.