A jewel by any other name... passing off in the jewellery world
Miss Recorder Amanda Michaels, sitting as a judge in the IPEC, has upheld a claim for passing off in a dispute between two jewellery...
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Jun 14, 20211 min
Have your say about the exhaustion of IP rights in the UK
An integral part of the UK intellectual property system has been a focus on balancing creator protection with fair competition and...
Jun 14, 20212 min
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
Resell, resell, resell! Etsy buys Depop
The retail space may still be recovering from some post Covid (& Brexit) turbulence, ecommerce continues to buck the trend. Etsy has...
May 28, 20213 min
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, 20212 min
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...
May 8, 20212 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, 20212 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...
Apr 17, 20212 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...
Mar 9, 20211 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, 20212 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, 20211 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...
Jan 27, 20212 min
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
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 26, 20213 min
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...
Oct 4, 20203 min
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...
Sep 29, 20202 min
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 27, 20203 min
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 20, 20205 min
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 8, 20203 min
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...
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