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European Fashion Law

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    What's a website blocking order and why is it useful?
    • Jan 12
    • 2 min

    What's a website blocking order and why is it useful?

    Nintendo was granted an early Christmas present by the Honourable Mrs Justice Joanna Smith DBE - a website blocking order (Nintendo Co...
    Rare defeat for easyGroup
    • Sep 27, 2021
    • 4 min

    Rare defeat for easyGroup

    easyGroup, which owns the IP rights for companies such as easyJet and easyHotel, has been active, and largely successful, in bringing...
    Court of Appeal divided over disclosure
    • Sep 27, 2021
    • 2 min

    Court of Appeal divided over disclosure

    Can confidential discussions between parties in the UK be disclosed in parallel litigation in the US? The Court of Appeal was divided on...
    Speedy justice in design case
    • Sep 27, 2021
    • 2 min

    Speedy justice in design case

    In what may be a record for an IP case in the UK, the trial in Lutec (UK) Ltd & Ors v Cascade Holdings Ltd & Anor [2021] EWHC 1907 (Pat)...
    Descriptive marks beware: Judge rejects Oatly trade mark case
    • Sep 2, 2021
    • 3 min

    Descriptive marks beware: Judge rejects Oatly trade mark case

    Oatly has hit a brick wall in its attempt to stop third parties from selling oat milk using the word "OAT" plus the letter "Y". A...
    Cheers to a rare EAGLE trade mark decision
    • Sep 2, 2021
    • 3 min

    Cheers to a rare EAGLE trade mark decision

    This Court of Appeal decision is a helpful reminder that a lack of evidence of actual confusion is not necessarily fatal to a finding of...
    The post-Brexit clock is ticking - don't miss out!
    • Sep 2, 2021
    • 1 min

    The post-Brexit clock is ticking - don't miss out!

    We first wrote about the impact of Brexit on UK trade marks over a year ago. We are now over 6 months in since the UK's departure from...
    SKY brings good news for broad trade marks
    • Aug 5, 2021
    • 3 min

    SKY brings good news for broad trade marks

    A common trade mark filing strategy in the UK and EU is to file a broad trade mark specification. A broad specification makes enforcement...
    Mwah! Lipstick shape registered as EU trade mark
    • Jul 29, 2021
    • 2 min

    Mwah! Lipstick shape registered as EU trade mark

    In a decision likely to be welcomed by owners of 3D trade marks, the EU General Court has ruled that the shape of Guerlain’s Rouge G...
    MILEY CYRUS gets name mark through in EU
    • Jul 22, 2021
    • 2 min

    MILEY CYRUS gets name mark through in EU

    A recent decision of the EU General Court looks like good news for celebrities. The singer Miley Cyrus had applied to register her name...
    Wonder Woman comes down to earth
    • Jul 22, 2021
    • 3 min

    Wonder Woman comes down to earth

    The UK IPO, at least, seems resistant to Wonder Woman’s superpowers, after it rejected DC Comics’ opposition to a trade mark application...
    CJEU takes pressure off Pirelli in shape TM case
    • Jun 24, 2021
    • 3 min

    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...
    Is Cybersquatting a big problem?
    • Jun 23, 2021
    • 2 min

    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...
    FOOTWARE trade mark not descriptive
    • Jun 14, 2021
    • 2 min

    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...
    Have your say about the exhaustion of IP rights in the UK
    • Jun 14, 2021
    • 1 min

    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...
    What does MADE IN BRITAIN mean?
    • Jun 14, 2021
    • 2 min

    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...
    Resell, resell, resell! Etsy buys Depop
    • Jun 14, 2021
    • 2 min

    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...
    Court of Appeal rules on liability and account of profits in trade mark case
    • May 28, 2021
    • 3 min

    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...
    No penalty clause in IP Settlement Agreement: royalty clawback & 6 figure lump sum payment permitted
    • May 13, 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...
    Chanel and Huawei logos are dissimilar
    • May 1, 2021
    • 2 min

    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...
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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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