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Apr 17, 20212 min read
No penalty clause in IP Settlement Agreement: royalty clawback & 6 figure lump sum payment permitted
A judge in the Patents Court has ruled that terms concerning the ownership and validity of IP rights in a settlement agreement were not...
Apr 17, 20212 min read
The straw that broke the camel's CRYPTOBACK? Trade mark survives validity challenge
The IP Enterprise Court (IPEC) has enabled smaller businesses to fight back against perceived intellectual property (IP) injustices. Its...
Mar 9, 20212 min read
Who owns copyright works that an employee creates at home?
One of the highlights of the pandemic has been the opportunity to catch up on a lifetime's worth of TV. Fortunately, there are some truly...
Feb 23, 20211 min read
‘Genuine use’ for EU trade marks
The Court of Justice of the European Union (CJEU) has ruled that ‘genuine use’ for EU trade marks can be established through the...
Feb 22, 20212 min read
Why contracts are in writing: lessons from an oral trade mark co-existence agreement
A recent decision by the Intellectual Property Enterprise Court reveals the problems that can arise when businesses that once shared name...
Feb 22, 20212 min read
Court Room Recordings are not necessarily for Public Consumption
Lockdown boredom has caused recordings of meetings with irate characters or funny, and accidental, filters to become internet sensations....
Feb 19, 20211 min read
USTR Notorious Markets List
In its annual review of markets that engage in or facilitate counterfeiting and piracy, the US Trade Representative has named 39 online...
Feb 2, 20212 min read
The benefits of IP Insurance
With IP worth 75% of a business’ value why do less than 13% of businesses have IP insurance? It’s fascinating to read the insurance...
Feb 2, 20212 min read
Watch out! New employees could lead to a breach of confidence claim against you
A new employee joins a business. They have lots of new ideas and suggestions. Sounds great but might you be at risk? To put it another...
Feb 2, 20212 min read
Brand investment pays off for Dr Martens
Dr Martens, the footwear and clothing brand that defined my teens, is launching an initial public offering (IPO) which could value the...
Jan 27, 20212 min read
Domain names are personal property
Domain names have been treated as a type of intellectual property for years but their precise status has not been clear in the UK, until...
Jan 24, 20212 min read
The limits of shape protection: The Gömböc example
It is very challenging to obtain a legal monopoly in a shape. The easiest solution is to file one or more registered designs within the...
Jan 24, 20213 min read
Legal Innovation = Microsoft Office?
Legal innovation is often equated with one of the incredible new AI tools that are unveiled at tech events on a regular basis. However,...
Jan 19, 20213 min read
Future gazing in a time of global crisis
There is no doubt that we are living through an unstable time. The pandemic has changed daily life for everyone. Politics are far from...
Jan 15, 20212 min read
The Janger Ltd v Tesco Plc
What does the fashion industry hang on? The Janger is designed for travel and holiday use (so probably isn't getting a lot of use at the...
Jan 6, 20212 min read
European Commission takes fight to online counterfeiters
Is help coming to tackle the scourge of counterfeits sold on online marketplaces? Counterfeit goods affect all businesses as they grow...
Dec 24, 20201 min read
The last Community Design case (in the UK)
A case regarding “ballet flats” is likely the last time in which a UK court will sit as a Community Design Court, and the judgment was...
Dec 24, 20202 min read
Brand extensions beware!
You take a famous car company with a well known trade mark, say Ferrari, and decide that you can get an entirely new revenue stream...
Nov 26, 20202 min read
Protecting digital designs - the clock is ticking
Designs are one of the key IP rights for the gaming and fashion industries but they are complex and consequently poorly understood. There...
Oct 28, 20202 min read
What happens if the trade mark you use in practice is different to your registration?
Branding and trade mark use can change in subtle (and not so subtle) ways over time. For example, it may be used in a different typeface,...
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