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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


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, 20213 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, 20214 min read


Goodbye Aunt Jemima, hello Pearl Milling Company
Trade marks may theoretically last forever but brands are subject to change. The Aunt Jemima brand of pancake mix and syrup will be...
Mar 9, 20211 min read


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...
Mar 9, 20212 min read


How do you win a fashion dispute? Find out why I love unregistered designs
How can you stop someone from systematically copying your brand? What if it went further than just your designs and covered everything...
Mar 7, 20215 min read


Influencers are advertising... and the ASA is watching
Influencers are advertisers. This has been clear for some time. But now influencers are trending for the wrong reasons as the Advertising...
Feb 23, 20212 min read


Court Room Recordings are not necessarily for Public Consumption
Lockdown boredom has caused recordings of meetings with irate characters or funny, and accidental, filters to become internet sensations....
Feb 22, 20212 min read


The benefits of IP Insurance
With IP worth 75% of a business’ value why do less than 13% of businesses have IP insurance? It’s fascinating to read the insurance...
Feb 22, 20212 min read


Are you Notorious? The USTR updates its list of Notorious Markets
In its annual review of markets that engage in or facilitate counterfeiting and piracy, the US Trade Representative has named 39 online...
Feb 22, 20211 min read


Targeting and trade marks - Beverly Hills Polo Club takes on the Amazon
When is an online marketplace “targeting” consumers in a particular jurisdiction? This was the question that Mr Justice Michael Green...
Feb 22, 20213 min read


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...
Feb 19, 20211 min read


Joint authorship dispute resolved after retrial
The long-lasting litigation over the authorship of the screenplay for the 2016 film “Florence Foster Jenkins” has resulted in the court...
Feb 2, 20212 min read


Passing off vs US law contract - guess which eagle wins?
Mr Justice Miles’s judgment in Lyle & Scott Limited v American Eagle Outfitters, Inc is an important decision for international fashion...
Feb 2, 20213 min read


The benefits of IP Insurance
With IP worth 75% of a business’ value why do less than 13% of businesses have IP insurance? It’s fascinating to read the insurance...
Feb 2, 20212 min read


Watch out! New employees could lead to a breach of confidence claim against you
A new employee joins a business. They have lots of new ideas and suggestions. Sounds great but might you be at risk? To put it another...
Feb 2, 20212 min read


Brand investment pays off for Dr Martens
Dr Martens, the footwear and clothing brand that defined my teens, is launching an initial public offering (IPO) which could value the...
Feb 2, 20212 min read


Brands prosper despite business difficulties
It’s a sad consequence of the COVID-19 pandemic and the lockdowns in many countries that retailers have lost business, and regrettably...
Jan 29, 20212 min read


Joint authorship dispute resolved after retrial
The long-lasting litigation over the authorship of the screenplay for the 2016 film “Florence Foster Jenkins” has resulted in the court...
Jan 28, 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 24, 20212 min read
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