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Jul 5, 20213 min read
Check before you threaten, warns HHJ Clarke
There’s rarely been a better example of the risks of launching litigation without careful consideration than the recent IPEC decision in...
Jul 3, 20212 min read
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...
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 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 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, 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...
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...
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 28, 20212 min read
Judge backs employees in trade secrets contract case
The High Court has recently provided guidance for employees in relation to the Recast Brussels Regulation. This guidance can be neatly...
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, 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...
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...
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