Gerard Kelly

Nov 18, 2024 | mondaq.com | Gerard Kelly |John Milligan

MH Mason Hayes & Curran More As legal and regulatory responsibilities become more complex, progressive organisations need measured advice to help realise their ambitions. The expertise Mason Hayes & Curran brings is rooted in unrivalled knowledge of various industries, so the firm’s advice is always set in its commercial context. The firm solves the issues companies face today and anticipates the challenges they will face tomorrow.

Oct 10, 2024 | lexology.com | Gerard Kelly

The UPC Court of Appeal has suspended a preliminary injunction against SiBio, allowing it to distribute its CGM device in Ireland. The ruling clarifies that Ireland, despite being a signatory to the UPCA, is not a Contracting Member State due to the fact that it has yet to ratify the agreement. Our Intellectual Property team examines how this decision has important implications for Irish stakeholders in the life sciences sector regarding UPC jurisdiction until ratification occurs.

Aug 29, 2024 | lexology.com | Gerard Kelly |John Milligan

Further to our previous article reporting on , a recent ruling by the Danish Maritime and Commercial Court has held that the design of GANNI’s Buckle Ballerina shoe is capable of copyright protection. The Court held that Steve Madden’s GRAND AVE shoe infringed that copyright, as well as being in breach of Danish marketing law. Steve Madden is now prohibited from marketing, selling, exporting or importing its infringing shoe range in Denmark.

Jul 24, 2024 | lexology.com | Gerard Kelly |John Milligan

In a recent judgment, the UK High Court has found in favour of Morley’s. Morley’s is a South London based fast food chain. The case involved a trade mark infringement dispute against a rival named Metro’s. The decision represents a win for small businesses seeking to prevent rival copycat brands. It will therefore be welcomed by food and beverage companies. The case is also of interest in that it takes account of the average consumer’s circumstances, such as, consumers on a night out.

Jun 11, 2024 | lexology.com | John Milligan |Gerard Kelly

The General Court of the EU has recently weighed in on the ongoing Supermacs v McDonalds fight over the BIG MAC EU trade mark (EUTM). The EUIPO Board of Appeal found, in March 2023, that McDonalds had established genuine use of its BIG MAC EUTM for at least some of the goods and services it had been registered for. This finding was reported in our previous article. However, the General Court of the EU has now reversed that decision. The Court has found in favour of the Irish fast food chain.