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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 28, 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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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, 20214 min read
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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, 20212 min read
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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, 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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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...
May 1, 20213 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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‘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
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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
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The benefits of IP Insurance
With IP worth 75% of a business’ value why do less than 13% of businesses have IP insurance? It’s fascinating to read the insurance...
Feb 22, 20212 min read
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USTR Notorious Markets List
In its annual review of markets that engage in or facilitate counterfeiting and piracy, the US Trade Representative has named 39 online...
Feb 19, 20211 min read
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The benefits of IP Insurance
With IP worth 75% of a business’ value why do less than 13% of businesses have IP insurance? It’s fascinating to read the insurance...
Feb 2, 20212 min read
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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
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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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The limits of shape protection: The Gömböc example
It is very challenging to obtain a legal monopoly in a shape. The easiest solution is to file one or more registered designs within the...
Jan 24, 20212 min read
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Future gazing in a time of global crisis
There is no doubt that we are living through an unstable time. The pandemic has changed daily life for everyone. Politics are far from...
Jan 19, 20213 min read
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