Update UK Trademark Caselaw – Doctrine of Postsale Confusion – Interview With Joshua Cunnington – Lutnick Suggests 5% Patent-Value Fee – UPC Court of Appeal Does Not Endorse Referral to the CJEU – IP Fridays Podcast – Episode 166

About this episode

The episode features an interview with Joshua Cunnington discussing updates on UK trademark caselaw and recent USPTO developments.

I am Rolf Claessen and my Co-Host Ken Suzan and I are welcoming you to episode 166 of the IP Fridays Podcast. Today’s interview guest is Joshua Cunnington , who is Managing Associate at Stephenson Harwood in the UK. My Co-Host Ken Suzan talks with him about an update on Trademark Caselaw in the UK, e.g. the Doctrine of Postsale Confusion. Before we jump into the interview, I have news for you The U.S. Patent and Trademark Office (USPTO) has removed more than 52,000 fraudulent trademark applications and registrations from the register. On August 6, 2025, the agency sanctioned a foreign filing firm that had submitted large numbers of applications using forged signatures, fake attorney identities, and manipulated specimens of use. Reports from the United States describe an unusual funding proposal: according to the Wall Street Journal, Commerce Secretary Lutnick is considering imposing a levy of 1% to 5% of a patent’s value on patent owners. This possible “patent-value fee” would raise additional budget funds. Details remain unclear, and the idea is already stirring controversy in the IP community. On August 4, 2025, the USPTO’s patent division issued new guidance on the patent…

People in this episode

Hosts: Rolf Claessen, Ken Suzan

Guest: Joshua Cunnington

Topics covered

• UK Trademark Caselaw
• Doctrine of Postsale Confusion
• Patent-Value Fee
• USPTO Updates
• AI and Software Inventions

Keywords

• trademark
• patent
• USPTO
• AI inventions
• software patents
• postsale confusion
• patent-value fee

Mentioned in this episode

Organizations: Stephenson Harwood, U.S. Patent and Trademark Office, Wall Street Journal

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