court decision | European Fashion Law

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...

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...

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...

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...

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

A judge in the Patents Court has ruled that terms concerning the ownership and validity of IP rights in a settlement agreement were not...

Argos goes to the Court of Appeal but leaves empty handed

Can a US corporation selling construction software only in the Americas under the name ARGOS be sued for infringement of a registered...