A Christmas miracle: Designs, confidential information and contracts
What connects Leonardo Da Vinci, a Christmas miracle and the possible award of exemplary damages? The answer lies in a recent High Court...
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- Nov 20, 2021
- 2 min
When can Parts of a Ferrari be protected as Unregistered Designs?
When can component parts of a product be protected as unregistered Community designs (UCDs)? The Court of Justice of the EU (CJEU)...
- Nov 5, 2021
- 3 min
Therapists go to court over ARCHANGEL ALCHEMY mark
We recently reported on the Litecoin case where an application to register a trade mark was found to constitute passing off (see blog...
- Oct 4, 2021
- 2 min
Unreasonable behaviour leads to IPEC costs award
In early 2021, Deputy High Court Judge David Stone (sitting in the IP Enterprise Court, IPEC) in a dispute over the use of the name...
- Oct 4, 2021
- 2 min
A rotten judgment for John Lydon
Who has the power to control the use of the Sex Pistols IP rights? That was essentially the question decided by Sir Anthony Mann in Jones...
- Oct 4, 2021
- 2 min
Moral rights claim bound to fail
Moral rights disputes don’t come to court very often, so Mrs Justice O’Farrell’s judgment in The Front Door (UK) Lt (t/a Richard Reid...
- Jul 5, 2021
- 3 min
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, 2021
- 2 min
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...
- May 28, 2021
- 2 min
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 8, 2021
- 2 min
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, 2021
- 4 min
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, 2021
- 2 min
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, 2021
- 2 min
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, 2021
- 2 min
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, 2021
- 3 min
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 17, 2021
- 2 min
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...
- Apr 17, 2021
- 2 min
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, 2021
- 2 min
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 23, 2021
- 1 min
‘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 19, 2021
- 1 min
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...