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...
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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 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...
Dec 24, 20202 min read
Brand extensions beware!
You take a famous car company with a well known trade mark, say Ferrari, and decide that you can get an entirely new revenue stream...
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 6, 20202 min read
The human cost of exclusion
The Luxury Law Summit looked at many business and legal issues but one of the great themes across the day was collaboration. Many...
Sep 5, 20203 min read
Protecting your brand Apple style
Scott Gilen (Director of IP Enforcement Global at Apple) spoke at the Luxury Law Summit about how his team stops Apple fakes (both...
Dec 6, 20197 min read
You can't cruise from cars to clothing - luxury trade marks and brand extensions post Bentley
Bentley Clothing v Bentley Motors [2019] EWHC 2925 is a classic David v Goliath dispute. You have a small family owned business versus a...
Sep 4, 20192 min read
Louboutin - red soles and trade mark protection
The red sole on the base of Louboutin shoes has been the focus of both media and legal attention for many years. There has been extensive...
Mar 10, 20191 min read
European Fashion Law: The book is out!
We have had the launch parties and the book is officially OUT NOW! I've had such lovely feedback already. I hope you both enjoy it and...
Oct 30, 20173 min read
Trade mark use dispute? You can ABANKA on it
Abanka DD v Abanca Corporacion Bancaria SA [2017] EWHC 2428 is a recent High Court appeal from the UK's Intellectual Property Office. It...
Sep 13, 20173 min read
Schweppes = Schweppes - Two trade marks with different owners
The rules surrounding parallel goods in the European Economic Area (EEA) may at first seem straightforward - once a product has been...
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