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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 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...
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 6, 20211 min read
Arbitration (clauses) last a long time...
Are arbitration clauses a good idea? This post is not going to resolve this longstanding debate but it will highlight some of the...
Sep 27, 20203 min read
A slippery design can't slide away from invalidation at EUIPO
Designs are often denied the IP limelight. This is for many reasons. One cause is perhaps a little circular: because designs are less...
Sep 8, 20203 min read
Can the Internet save Luxury?
The Luxury Law Summit took time to consider the big picture commercial and business model questions which will affect legal decision...
Sep 6, 20202 min read
The human cost of exclusion
The Luxury Law Summit looked at many business and legal issues but one of the great themes across the day was collaboration. Many...
Sep 6, 20202 min read
What does the Platform to Business Regulation mean for fashion?
The new Platform to Business Regulation (P2B regulation) applies across the EU from 12 July 2020. This Regulation is part of the EU's...
Sep 5, 20203 min read
Protecting your brand Apple style
Scott Gilen (Director of IP Enforcement Global at Apple) spoke at the Luxury Law Summit about how his team stops Apple fakes (both...
Sep 5, 20204 min read
The future of luxury in a post pandemic world - the Harrods take
Inevitably the pandemic took centre stage at the Luxury Law Summit (3 September 2020) but thankfully it was not the only issue in the...
Jun 13, 20203 min read
A General Civil Restraint Order against further IP claims - Is this the end of Perry v Brundle?
A Civil Restraint Order restricts the subject of the Order - usually a serial claimant - from bringing further claims in the future...
Dec 6, 20197 min read
You can't cruise from cars to clothing - luxury trade marks and brand extensions post Bentley
Bentley Clothing v Bentley Motors [2019] EWHC 2925 is a classic David v Goliath dispute. You have a small family owned business versus a...
Sep 4, 20192 min read
Louboutin - red soles and trade mark protection
The red sole on the base of Louboutin shoes has been the focus of both media and legal attention for many years. There has been extensive...
Mar 10, 20191 min read
European Fashion Law: The book is out!
We have had the launch parties and the book is officially OUT NOW! I've had such lovely feedback already. I hope you both enjoy it and...
Nov 25, 20186 min read
Copyright, fashion and the USA
Star Athletica v Varsity Brands sent shockwaves through the fashion and copyright worlds but is it the game changing decision some have...
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