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...
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- Jun 14, 2021
- 2 min
What does MADE IN BRITAIN mean?
After the many logistical issues posed by both Brexit and the pandemic and with sustainability at the forefront of everyone's mind, it is...
- May 28, 2021
- 3 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 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...
- 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 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 22, 2021
- 2 min
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, 2021
- 3 min
Targeting and trade marks - Beverly Hills Polo Club takes on the Amazon
When is an online marketplace “targeting” consumers in a particular jurisdiction? This was the question that Mr Justice Michael Green...
- Feb 2, 2021
- 2 min
Brand investment pays off for Dr Martens
Dr Martens, the footwear and clothing brand that defined my teens, is launching an initial public offering (IPO) which could value the...
- Jan 27, 2021
- 2 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, 2021
- 2 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...
- Oct 13, 2020
- 2 min
Search Orders - an important tool to stop counterfeits & more
There are many reasons why someone might want to get a search order. It is a very draconian remedy that gives a successful applicant the...
- Oct 4, 2020
- 3 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, 2020
- 2 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, 2020
- 3 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 6, 2020
- 2 min
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 5, 2020
- 3 min
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...
- Dec 6, 2019
- 7 min
You can't cruise from cars to clothing - luxury trade marks and brand extensions post Bentley
Bentley Clothing v Bentley Motors [2019] EWHC 2925 is a classic David v Goliath dispute. You have a small family owned business versus a...
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