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‘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 23, 20211 min read


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, 20212 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


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


Domain names are personal property
Domain names have been treated as a type of intellectual property for years but their precise status has not been clear in the UK, until...
Jan 27, 20212 min read


A recent development for Position marks
The Court of Justice for the European Union (CJEU) clarified the assessment of a position mark's distinctiveness in Aktiebolaget...
Jan 27, 20212 min read


Brand extensions beware!
You take a famous car company with a well known trade mark, say Ferrari, and decide that you can get an entirely new revenue stream...
Dec 24, 20202 min read


What happens if the trade mark you use in practice is different to your registration?
Branding and trade mark use can change in subtle (and not so subtle) ways over time. For example, it may be used in a different typeface,...
Oct 28, 20202 min read


Protecting your brand Apple style
Scott Gilen (Director of IP Enforcement Global at Apple) spoke at the Luxury Law Summit about how his team stops Apple fakes (both...
Sep 5, 20203 min read


You can't cruise from cars to clothing - luxury trade marks and brand extensions post Bentley
Bentley Clothing v Bentley Motors [2019] EWHC 2925 is a classic David v Goliath dispute. You have a small family owned business versus a...
Dec 6, 20197 min read


Louboutin - red soles and trade mark protection
The red sole on the base of Louboutin shoes has been the focus of both media and legal attention for many years. There has been extensive...
Sep 4, 20192 min read


Skykick - why does it matter & what could it mean for trade marks? Counsel's perspective
IPSoc recently had the latest in its successful run of education events. The talk from Simon Malynicz QC, SkyKick's leading counsel, gave...
May 25, 20193 min read


European Fashion Law: The book is out!
We have had the launch parties and the book is officially OUT NOW! I've had such lovely feedback already. I hope you both enjoy it and...
Mar 10, 20191 min read


Brexit & IP - what you need to know
Brexit may be nearly upon us. If this happens after 29 March there are various short term consequences to registered rights in the UK and...
Mar 1, 20192 min read


Trade mark classes are not Nice and easy
"Unless familiar with the law of registered trade marks, you might think that it is relatively straightforward. Regrettably, you would be...
Jan 5, 20193 min read


Smells like IP infringement?
The fashion industry is no stranger to IP disputes. In the last year, The IPKat has written about disputes involving Zara, Nike and Nike...
Jan 5, 20192 min read
Unregistered designs - the unknown but super useful IP right
Just under four years ago the UK Intellectual Property Office commissioned research to address the lack of existing data on design...
Nov 27, 20182 min read


How can you add new defendants to a claim?
Can you add defendants to a claim when their involvement was at the design stage of a product several years before the product was...
Nov 25, 20183 min read


Trade marks - the limits to the own name defence and groundless threats
Azumi Ltd v Zuma's Choice Pet Products Ltd [2017] EWHC 609 is a case about a dog's purpose. That dog is called Zuma. Zuma inspired Zoe...
Nov 25, 20185 min read


Using blockchain technology to manage IP rights
This article was first published on Lexis®PSL Intellectual Property on 25 September 2018. Click for a free trial of Lexis®PSL. What is...
Nov 25, 20182 min read
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