#IntellectualProperty 2/6

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...

Sep 2, 20211 min read

The post-Brexit clock is ticking - don't miss out!

We first wrote about the impact of Brexit on UK trade marks over a year ago. We are now over 6 months in since the UK's departure from...

Aug 5, 20213 min read

SKY brings good news for broad trade marks

A common trade mark filing strategy in the UK and EU is to file a broad trade mark specification. A broad specification makes enforcement...

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, 20212 min read

MILEY CYRUS gets name mark through in EU

A recent decision of the EU General Court looks like good news for celebrities. The singer Miley Cyrus had applied to register her name...

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...

Jul 5, 20213 min read

Check before you threaten, warns HHJ Clarke

There’s rarely been a better example of the risks of launching litigation without careful consideration than the recent IPEC decision in...

Jul 3, 20212 min read

What happened to Colin the Caterpillar & what does it mean for your brand?

We take legal research very seriously - in order to fully understand the implications of the most tasty dispute of the year, Colin vs...

Jul 3, 20212 min read

A jewel by any other name... passing off in the jewellery world

Miss Recorder Amanda Michaels, sitting as a judge in the IPEC, has upheld a claim for passing off in a dispute between two jewellery...

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 does MADE IN BRITAIN mean?

After the many logistical issues posed by both Brexit and the pandemic and with sustainability at the forefront of everyone's mind, it is...

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...

Jun 14, 20212 min read

Resell, resell, resell! Etsy buys Depop

The retail space may still be recovering from some post Covid (& Brexit) turbulence, ecommerce continues to buck the trend. Etsy has...

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 28, 20212 min read

Judge backs employees in trade secrets contract case

The High Court has recently provided guidance for employees in relation to the Recast Brussels Regulation. This guidance can be neatly...

May 13, 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...

May 8, 20212 min read

Assessing damages is never easy

A recent judgment from the IPEC provides a warning for anyone pursuing damages claims in IP cases. The process is time consuming, complex...

European Fashion Law