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What will Department Stores Look Like Post Pandemic?
The pandemic has had a deadly toll on bricks and mortar retail. This has particularly affected some department stores, including the...
Jun 14, 20212 min read
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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
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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 13, 20212 min read
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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,...
May 8, 20212 min read
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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 8, 20212 min read
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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, 20212 min read
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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 21, 20212 min read
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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...
Apr 17, 20212 min read
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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
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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
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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
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Covid and the digital future for the fashion industry
There is no doubt that Covid has been extremely challenging for retail in general and fashion in particular. These challenges have...
Jan 26, 20213 min read
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Don't lose your rights after Brexit
We first wrote about the impact of Brexit over a year ago back in a pre pandemic era. Although we still don't have a deal. The outcomes...
Oct 4, 20203 min read
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Trade marks in China
There has long been a recognition that Chinese trade mark law has been moving toward a more reliable and consistent process. This is...
Sep 29, 20202 min read
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A slippery design can't slide away from invalidation at EUIPO
Designs are often denied the IP limelight. This is for many reasons. One cause is perhaps a little circular: because designs are less...
Sep 27, 20203 min read
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Online counterfeits - the Alibaba, Police and Brand perspective
Some luxury brands still choose to not operate an online presence. Whether this is sustainable in the long term is unclear. Regardless of...
Sep 20, 20205 min read
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Can the Internet save Luxury?
The Luxury Law Summit took time to consider the big picture commercial and business model questions which will affect legal decision...
Sep 8, 20203 min read
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The human cost of exclusion
The Luxury Law Summit looked at many business and legal issues but one of the great themes across the day was collaboration. Many...
Sep 6, 20202 min read
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What does the Platform to Business Regulation mean for fashion?
The new Platform to Business Regulation (P2B regulation) applies across the EU from 12 July 2020. This Regulation is part of the EU's...
Sep 6, 20202 min read
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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
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