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...
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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...
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
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...
Feb 22, 20211 min read
Are you Notorious? The USTR updates its list of Notorious Markets
In its annual review of markets that engage in or facilitate counterfeiting and piracy, the US Trade Representative has named 39 online...
Feb 19, 20211 min read
USTR Notorious Markets List
In its annual review of markets that engage in or facilitate counterfeiting and piracy, the US Trade Representative has named 39 online...
Jun 8, 20204 min read
Digging Designs - what's been happening in the last six months?
My final IPKat post was dedicated to one of my favourite IP topics - designs. They are forgotten and misunderstood rights which is a...
Nov 27, 20182 min read
Unregistered designs - the unknown but super useful IP right
Just under four years ago the UK Intellectual Property Office commissioned research to address the lack of existing data on design...
Nov 27, 20185 min read
There's a new IPO report on designs infringement - game-changer or stating the obvious?
Four years is a long time in politics but not a particularly long time in the land of government reports. Just under four years ago the...
Nov 6, 20182 min read
How do you get copyright protection?
Throughout Europe, and indeed in most jurisdictions worldwide, copyright arises automatically upon the creation of the work. Copyright is...
Sep 24, 20181 min read
Exhaustion of rights - a simple concept with important consequences
Exhaustion of rights is a concept which applies to all IP rights in Europe. Basically it means that if a product is sold ("put onto the...
Jun 29, 20174 min read
Simplifying Community Registered Design litigation in the UK - Spin Master v PMS
Although it is a case management decision, there are so many hints in the recent decision Spin Master v PMS [2017] EWHC 1477 (Pat) that...
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