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European Fashion Law

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    A Christmas miracle: Designs, confidential information and contracts
    • Nov 20, 2021
    • 2 min

    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...
    When can Parts of a Ferrari be protected as Unregistered Designs?
    • 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)...
    Therapists go to court over ARCHANGEL ALCHEMY mark
    • 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...
    Unreasonable behaviour leads to IPEC costs award
    • 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...
    A rotten judgment for John Lydon
    • 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...
    Moral rights claim bound to fail
    • 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...
    Check before you threaten, warns HHJ Clarke
    • 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...
    What happened to Colin the Caterpillar & what does it mean for your brand?
    • 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...
    Judge backs employees in trade secrets contract case
    • 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...
    Assessing damages is never easy
    • 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...
    Give this passing off case a butchers
    • 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....
    MONOPOLY cannot last forever without regular use
    • 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...
    Trade mark infringement claim upheld
    • 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...
    Database extraction was authorised
    • 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...
    Which IP rights subsist in an XML Schema?
    • 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...
    No penalty clause in IP Settlement Agreement: royalty clawback & 6 figure lump sum payment permitted
    • 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...
    The straw that broke the camel's CRYPTOBACK? Trade mark survives validity challenge
    • 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...
    Who owns copyright works that an employee creates at home?
    • 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...
    ‘Genuine use’ for EU trade marks
    • 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...
    USTR Notorious Markets List
    • 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...
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    © 2021 by Rosie Burbidge​

    © 2018 in the cover image by Bernhard Deckert, photographer at bernieshoots.com of an ÏTTAG cosmos collection scarf ittag.uk

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    All content on this website is provided to help you learn more about the mystery and complexities of intellectual property law but it does not constitute legal advice. If you would like legal advice regarding any of the issues raised on this site, please contact Rosie: rosie.burbidge@gunnercooke.com 

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