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...
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- 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...
- 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...
- 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...
- 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...
- 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...
- Mar 9, 2021
- 2 min
Walk like a PANTHÉ - Visual perception is key for fashion trade marks says EU
Is there a likelihood of confusion between the figurative signs pictured below (PANTHÉ and PANTHER) for “Clothing; Headgear” in Class 25?...
- Mar 9, 2021
- 1 min
EUIPO sees rise in trade mark filings in 2020 despite pandemic
We are all aware that the pandemic hasn't necessarily led to a decrease of work across the board. One group of people who have been...
- Mar 9, 2021
- 1 min
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, 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...
- Mar 7, 2021
- 5 min
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, 2021
- 1 min
Image protection in the UK and beyond
Image rights are both hugely important and a fallacy. The UK, has no specific law of "image rights" but it is possible to protect a...
- Feb 23, 2021
- 2 min
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, 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...
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