Brand protection

Jan 12, 20222 min read

What's a website blocking order and why is it useful?

Nintendo was granted an early Christmas present by the Honourable Mrs Justice Joanna Smith DBE - a website blocking order (Nintendo Co...

Sep 27, 20212 min read

Court of Appeal divided over disclosure

Can confidential discussions between parties in the UK be disclosed in parallel litigation in the US? The Court of Appeal was divided on...

Sep 2, 20213 min read

Descriptive marks beware: Judge rejects Oatly trade mark case

Oatly has hit a brick wall in its attempt to stop third parties from selling oat milk using the word "OAT" plus the letter "Y". A...

Sep 2, 20213 min read

Cheers to a rare EAGLE trade mark decision

This Court of Appeal decision is a helpful reminder that a lack of evidence of actual confusion is not necessarily fatal to a finding of...

Jul 29, 20212 min read

Mwah! Lipstick shape registered as EU trade mark

In a decision likely to be welcomed by owners of 3D trade marks, the EU General Court has ruled that the shape of Guerlain’s Rouge G...

Jul 22, 20213 min read

Wonder Woman comes down to earth

The UK IPO, at least, seems resistant to Wonder Woman’s superpowers, after it rejected DC Comics’ opposition to a trade mark application...

Jun 24, 20213 min read

CJEU takes pressure off Pirelli in shape TM case

Trade marks come in all shapes and sizes – words, slogans, colours, shapes, animations and more. One of the more unusual is a figurative...

Jun 23, 20212 min read

Is Cybersquatting a big problem?

In short, "yes". Cybersquatters are a growing threat to brands. This trend has accelerated as e-commerce grows and consumers spend more...

Jun 14, 20212 min read

FOOTWARE trade mark not descriptive

As brands expand into new areas, particularly those driven by emerging technologies, they are often looking for innovative and memorable...

Jun 14, 20211 min read

Have your say about the exhaustion of IP rights in the UK

An integral part of the UK intellectual property system has been a focus on balancing creator protection with fair competition and...

Jun 14, 20212 min read

What will Department Stores Look Like Post Pandemic?

The pandemic has had a deadly toll on bricks and mortar retail. This has particularly affected some department stores, including the...

May 28, 20213 min read

Court of Appeal rules on liability and account of profits in trade mark case

The Court of Appeal has reviewed the law on liability and account of profits in a judgment concerning the BEVERLY HILLS POLO CLUB trade...

May 1, 20212 min read

Chanel and Huawei logos are dissimilar

The EU General Court has upheld a Board of Appeal ruling in a dispute between Chanel and Huawei, finding that Huawei’s EUTM application...

Mar 9, 20211 min read

EUIPO sees rise in trade mark filings in 2020 despite pandemic

We are all aware that the pandemic hasn't necessarily led to a decrease of work across the board. One group of people who have been...

Feb 22, 20211 min read

Are you Notorious? The USTR updates its list of Notorious Markets

In its annual review of markets that engage in or facilitate counterfeiting and piracy, the US Trade Representative has named 39 online...

Feb 22, 20213 min read

Targeting and trade marks - Beverly Hills Polo Club takes on the Amazon

When is an online marketplace “targeting” consumers in a particular jurisdiction? This was the question that Mr Justice Michael Green...

Jan 29, 20212 min read

Brands prosper despite business difficulties

It’s a sad consequence of the COVID-19 pandemic and the lockdowns in many countries that retailers have lost business, and regrettably...

Jan 27, 20212 min read

A recent development for Position marks

The Court of Justice for the European Union (CJEU) clarified the assessment of a position mark's distinctiveness in Aktiebolaget...

Oct 13, 20202 min read

Search Orders - an important tool to stop counterfeits & more

There are many reasons why someone might want to get a search order. It is a very draconian remedy that gives a successful applicant the...

Oct 4, 20203 min read

Don't lose your rights after Brexit

We first wrote about the impact of Brexit over a year ago back in a pre pandemic era. Although we still don't have a deal. The outcomes...

European Fashion Law