#litigation

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...

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...

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...

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, 20212 min read

The benefits of IP Insurance

With IP worth 75% of a business’ value why do less than 13% of businesses have IP insurance? It’s fascinating to read the insurance...

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

The benefits of IP Insurance

With IP worth 75% of a business’ value why do less than 13% of businesses have IP insurance? It’s fascinating to read the insurance...

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 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...

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