#infringement

Nov 20, 20212 min read

A Christmas miracle: Designs, confidential information and contracts

What connects Leonardo Da Vinci, a Christmas miracle and the possible award of exemplary damages? The answer lies in a recent High Court...

Nov 20, 20212 min read

When can Parts of a Ferrari be protected as Unregistered Designs?

When can component parts of a product be protected as unregistered Community designs (UCDs)? The Court of Justice of the EU (CJEU)...

Sep 27, 20214 min read

Rare defeat for easyGroup

easyGroup, which owns the IP rights for companies such as easyJet and easyHotel, has been active, and largely successful, in bringing...

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 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, 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 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 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 5, 20192 min read

Smells like IP infringement?

The fashion industry is no stranger to IP disputes. In the last year, The IPKat has written about disputes involving Zara, Nike and Nike...

European Fashion Law