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...
top of page
Search
Jun 24, 20213 min read
CJEU takes pressure off Pirelli in shape TM case
Trade marks come in all shapes and sizes – words, slogans, colours, shapes, animations and more. One of the more unusual is a figurative...
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
What does MADE IN BRITAIN mean?
After the many logistical issues posed by both Brexit and the pandemic and with sustainability at the forefront of everyone's mind, it is...
Jun 14, 20212 min read
What will Department Stores Look Like Post Pandemic?
The pandemic has had a deadly toll on bricks and mortar retail. This has particularly affected some department stores, including the...
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 13, 20212 min read
No penalty clause in IP Settlement Agreement: royalty clawback & 6 figure lump sum payment permitted
A judge in the Patents Court has ruled that terms concerning the ownership and validity of IP rights in a settlement agreement were not...
May 8, 20212 min read
Assessing damages is never easy
A recent judgment from the IPEC provides a warning for anyone pursuing damages claims in IP cases. The process is time consuming, complex...
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
Database extraction was authorised
This was a complex dispute concerning a claims management database. It involved alleged infringement of a database right, misuse of...
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...
Jan 27, 20212 min read
Domain names are personal property
Domain names have been treated as a type of intellectual property for years but their precise status has not been clear in the UK, until...
Jan 27, 20212 min read
A recent development for Position marks
The Court of Justice for the European Union (CJEU) clarified the assessment of a position mark's distinctiveness in Aktiebolaget...
Jan 26, 20213 min read
Covid and the digital future for the fashion industry
There is no doubt that Covid has been extremely challenging for retail in general and fashion in particular. These challenges have...
Oct 4, 20203 min read
Don't lose your rights after Brexit
We first wrote about the impact of Brexit over a year ago back in a pre pandemic era. Although we still don't have a deal. The outcomes...
Sep 29, 20202 min read
Trade marks in China
There has long been a recognition that Chinese trade mark law has been moving toward a more reliable and consistent process. This is...
Sep 27, 20203 min read
A slippery design can't slide away from invalidation at EUIPO
Designs are often denied the IP limelight. This is for many reasons. One cause is perhaps a little circular: because designs are less...
Sep 20, 20205 min read
Online counterfeits - the Alibaba, Police and Brand perspective
Some luxury brands still choose to not operate an online presence. Whether this is sustainable in the long term is unclear. Regardless of...
bottom of page