#law 2/5

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 23, 20212 min read

Influencers are advertising... and the ASA is watching

Influencers are advertisers. This has been clear for some time. But now influencers are trending for the wrong reasons as the Advertising...

Feb 23, 20211 min read

‘Genuine use’ for EU trade marks

The Court of Justice of the European Union (CJEU) has ruled that ‘genuine use’ for EU trade marks can be established through the...

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, 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, 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 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...

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...

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, 20213 min read

Passing off vs US law contract - guess which eagle wins?

Mr Justice Miles’s judgment in Lyle & Scott Limited v American Eagle Outfitters, Inc is an important decision for international fashion...

Feb 2, 20212 min read

Watch out! New employees could lead to a breach of confidence claim against you

A new employee joins a business. They have lots of new ideas and suggestions. Sounds great but might you be at risk? To put it another...

Feb 2, 20212 min read

Brand investment pays off for Dr Martens

Dr Martens, the footwear and clothing brand that defined my teens, is launching an initial public offering (IPO) which could value the...

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 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 24, 20213 min read

Legal Innovation = Microsoft Office?

Legal innovation is often equated with one of the incredible new AI tools that are unveiled at tech events on a regular basis. However,...

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...

Jan 6, 20211 min read

Arbitration (clauses) last a long time...

Are arbitration clauses a good idea? This post is not going to resolve this longstanding debate but it will highlight some of the...

Dec 24, 20201 min read

The last Community Design case (in the UK)

A case regarding “ballet flats” is likely the last time in which a UK court will sit as a Community Design Court, and the judgment was...

European Fashion Law