Can UK courts grant pan-EU injunctions in proceedings began pre-Brexit ?
In short, yes: the UK courts can grant a pan-EU injunction in proceedings that were pending on 31 December 2020, the day the UK left the...
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- Jan 29, 2022
- 2 min
What's the risk of filing a takedown notice?
A legal action for unjustified threats is a serious risk that trade mark owners run when making allegations of infringement, including by...
- 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
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...
- 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 21, 2021
- 2 min
Satan Shoes - Nike and the devil tussle over trade mark exhaustion
Occasionally IP disputes break into the public domain. This one has to do with Nike, a famous brand, and also to do with Satan. Rosie and...
- 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 22, 2021
- 2 min
Why contracts are in writing: lessons from an oral trade mark co-existence agreement
A recent decision by the Intellectual Property Enterprise Court reveals the problems that can arise when businesses that once shared name...
- Feb 22, 2021
- 2 min
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, 2021
- 2 min
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, 2021
- 2 min
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, 2021
- 3 min
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, 2021
- 2 min
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...
- Jan 29, 2021
- 2 min
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 28, 2021
- 2 min
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 15, 2021
- 2 min
The Janger Ltd v Tesco Plc
What does the fashion industry hang on? The Janger is designed for travel and holiday use (so probably isn't getting a lot of use at the...
- Dec 24, 2020
- 1 min
The last Community Design case (in the UK)
A case regarding “ballet flats” is likely the last time in which a UK court will sit as a Community Design Court, and the judgment was...
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