Rosie Burbidge5 days ago2 minWhen should a case be transferred to the IPEC?The question of whether a trade mark infringement case should be transferred from or to the IP Enterprise Court (IPEC) remains a key...
Rosie Burbidge5 days ago2 minWhat is the cost of resisting orders in the IPEC?In a blog post last year, we reported on the IPEC judgment in Wirex v Cryptocarbon Global concerning infringement of the trade mark...
Rosie BurbidgeJun 223 minWhen can you get a trade mark survey & where is the line for bad faith?Lidl has won the first skirmish in its trade mark infringement case against Tesco concerning the latter’s use of a yellow circle on a...
Rosie BurbidgeJun 203 minHow does the High Court treat appeals from the UK IPO?A recent High Court judgement concerning the TIK TOK trade mark shows the difficulty of overturning decisions of a UK IPO Hearing Officer...
Rosie BurbidgeJun 202 minCan a TV character be protected by copyright?An interactive dining show titled “Only Fools the (cushty) Dining Experience” (OFDE) infringed copyright in the popular TV comedy “Only...
Rosie BurbidgeMay 283 minIs a warning letter all you need to avoid acquiescence?The EU Court of Justice (CJEU) has answered questions referred from Germany concerning the concept of “acquiescence” in European trade...
Rosie BurbidgeMay 273 minWhy does Muzmatch infringe Match?The use of the sign Muzmatch in a dating website and app, as well as keywords featuring the word “match”, infringed trade marks for Match...
Rosie BurbidgeMay 273 minWhy did easyGroup lose the EASYOFFICE case?easyGroup has successfully enforced trade marks with the EASY prefix in many courtrooms over the years. It even places posters on the...
Rosie BurbidgeMay 273 minDo smartwatch apps infringe Swatch trade marks?In a High Court judgment on 20 May 2022, Mrs Justice Falk found that Samsung had infringed a large number of trade marks owned by members...
Rosie BurbidgeMay 272 minDoes scariness amount to detriment?A fascinating recent judgment by Recorder Amanda Michaels concerned allegations that UK and EU trade marks for FUNTIME, FUN TIME and...
Rosie BurbidgeApr 253 minWhat does Brexit mean for EUTMs?Brexit may be “done” after the end of the transition period on 31 December 2020, but its impact is continuing to be felt in a number of...
Rosie BurbidgeApr 252 minWhat is the bar for summary judgment?A recent application for summary judgment in a trade mark case in the IPEC was right on the cusp of being successful. The case was NAH...
Rosie BurbidgeApr 252 minWhat are the consequences of falsifying evidence?An recent case concerning the infringement of registered designs for furniture was notable for a finding of dishonesty on the part of the...
Rosie BurbidgeApr 103 minHow do you prove design infringement?Boot designer Fairfax & Favor (F&F) has won a design infringement case against House of Bruar, a Scottish fashion retailer in the IPEC....
Rosie BurbidgeMar 203 minWould you associate WONDER MUM with WONDER WOMAN?A judge in the High Court has upheld a UK IPO opposition ruling regarding Unilever’s application to register the trade mark WONDER MUM...
Rosie BurbidgeMar 203 minWhat do you need to do before picking a new brand name?The risk of not doing any kind of trade mark search before launching a new business was clear in a recent IPEC case in which His Honour...
Rosie BurbidgeMar 203 minWhen is confidential information misused?Confidential information – which can include databases, sales figures, spreadsheets – is often an extremely valuable part of modern...
Rosie BurbidgeMar 62 minWhere is the line for prior art and registered designs? The UK's IP Enterprise Court (IPEC) has recently been pondering existential questions relating to design rights. The case is Erol v Posh...
Rosie BurbidgeMar 62 minWhen must a document be disclosed in copyright proceedings?As part of the extensive copyright litigation over the popular song ‘Shape of You’ by Ed Sheeran, the defendants (Sami Chokri and others)...
Rosie BurbidgeFeb 272 minHow should an IP licence agreement be interpreted?What happens when two parties cannot agree about the interpretation of an IP licence agreement? This question was recently examined by...
Rosie BurbidgeFeb 172 minWhen does an arbitration clause apply to trade mark infringement proceedings?The Court of Appeal recently found that a company which had acquired the BEVERLY HILLS POLO CLUB trade marks was bound by an arbitration...
Fiona Timms Feb 142 minChina joins the Hague SystemChina has been steadily overhauling its IP system for well over a decade. Last week, in the latest development, China joined WIPO’s Hague...
Fiona Timms Feb 132 minWhat is the Unitary Patent and why does it matter to you?The unitary patent represents the biggest change to the IP landscape in Europe since the Community Trade Mark (now EUTM). Even if you’re...
Rosie BurbidgeFeb 12 minWhat do you think of the UK designs system?The UK Intellectual Property Office (UKIPO) has launched a call for views on the designs system. It says this will “help us better...