#IPlaw 2/2

May 1, 20212 min read

Database extraction was authorised

This was a complex dispute concerning a claims management database. It involved alleged infringement of a database right, misuse of...

May 1, 20213 min read

Which IP rights subsist in an XML Schema?

Disputes relating to software are often complex, with multiple parties and issues involved. However, they can also illuminate important...

Apr 21, 20212 min read

Satan Shoes - Nike and the devil tussle over trade mark exhaustion

Occasionally IP disputes break into the public domain. This one has to do with Nike, a famous brand, and also to do with Satan. Rosie and...

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

Walk like a PANTHÉ - Visual perception is key for fashion trade marks says EU

Is there a likelihood of confusion between the figurative signs pictured below (PANTHÉ and PANTHER) for “Clothing; Headgear” in Class 25?...

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...

Mar 9, 20211 min read

Goodbye Aunt Jemima, hello Pearl Milling Company

Trade marks may theoretically last forever but brands are subject to change. The Aunt Jemima brand of pancake mix and syrup will be...

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...

Mar 7, 20215 min read

How do you win a fashion dispute? Find out why I love unregistered designs

How can you stop someone from systematically copying your brand? What if it went further than just your designs and covered everything...

Mar 7, 20211 min read

Image protection in the UK and beyond

Image rights are both hugely important and a fallacy. The UK, has no specific law of "image rights" but it is possible to protect a...

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 22, 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

Joint authorship dispute resolved after retrial

The long-lasting litigation over the authorship of the screenplay for the 2016 film “Florence Foster Jenkins” has resulted in the court...

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 28, 20212 min read

Joint authorship dispute resolved after retrial

The long-lasting litigation over the authorship of the screenplay for the 2016 film “Florence Foster Jenkins” has resulted in the court...

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 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...

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...

Apr 10, 20173 min read

Overturning a trade mark opposition decision - SOULUXE - likelihood of confusion

A mere four days after Arnold J's IWATCH decision, Mann J handed down his decision in another appeal from the hearing officer. This time...

European Fashion Law