How should an IP licence agreement be interpreted?
What happens when two parties cannot agree about the interpretation of an IP licence agreement? This question was recently examined by...
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Jan 29, 20222 min read
Can UK courts grant pan-EU injunctions in proceedings began pre-Brexit ?
In short, yes: the UK courts can grant a pan-EU injunction in proceedings that were pending on 31 December 2020, the day the UK left the...
Jan 29, 20222 min read
What's the risk of filing a takedown notice?
A legal action for unjustified threats is a serious risk that trade mark owners run when making allegations of infringement, including by...
Jan 12, 20222 min read
When is purchasing an old trade mark a good idea?
Trade mark infringement, honest concurrent use and so-called “moribund marks” were the focus of an interim decision in a case concerning...
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...
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 8, 20214 min read
Give this passing off case a butchers
Passing off is often added as an afterthought to a trade mark infringement action. In those circumstances, it is very often successful....
May 8, 20212 min read
MONOPOLY cannot last forever without regular use
The EU General Court has upheld the EUIPO Board of Appeal decision in the MONOPOLY trade mark case. This is a long anticipated and...
May 1, 20212 min read
Trade mark infringement claim upheld
The Court of Appeal has upheld a finding of trade mark infringement, but overturned a passing off finding, in a case concerning two UK...
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...
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
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...
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...
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, 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 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...
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