Rosie Burbidge
When will the EU introduce Geographical Indications for craft and industrial products?
The EU plan to introduce geographical indications (GIs) for craft and industrial products has taken a big step forward.
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Rosie Burbidge
- May 31
- 2 min
EasyGroup asks: when should joint liability be determined?
A judge has ruled that issues relating to joint liability should be determined at the liability stage of a trial, rather than at quantum.
Rosie Burbidge
- May 31
- 3 min
When is a UK IPO Hearing Officer decision "flawed"?
It is rare that a Hearing Officer decision is overturned on appeal. But this all changed in a recent TM application for STITCH
Rosie Burbidge
- May 31
- 3 min
When is an “unless” order justified in the IPEC?
No “unless” order has been awarded in IPEC litigation re copyright infringement, breach of contract and fraudulent misrepresentation
Rosie Burbidge
- May 26
- 4 min
Find out how a complicated trading history leads to shared goodwill (not passing off)
Two Cotswolds estate agents shared goodwill in the name Hayman-Joyce. The trade mark infringement and passing off claims fail as a result
Rosie Burbidge
- May 26
- 3 min
What is honest concurrent use of a trade mark?
The court of appeal agrees that Muzmatch infringes Match.com's trade marks and its use amounts to passing off
Rosie Burbidge
- May 26
- 4 min
Can you trade mark a colour as applied to a product?
Glaxo has finally achieved a qualified victory in its attempt to secure trade mark protection for the color purple as applied to an inhaler.
Rosie Burbidge
- Apr 28
- 2 min
Umbro loses trade mark infringement case
UK court rejects a claim that football boots and other footwear bearing the Dream Pairs logo infringe Umbro’s double diamond trade mark
Rosie Burbidge
- Apr 28
- 3 min
When can copying be inferred?
The BBC has won a summary judgment against a screenplay writer who alleged that two episodes of the TV drama series Silent Witness infringed
Rosie Burbidge
- Apr 28
- 3 min
Is this the elixir for IP law?
An anti-age skin serum called “Elixir” has led to a finding of passing off and copyright infringement
Rosie Burbidge
- Apr 28
- 3 min
What happens when a copyright claim backfires?
Author ordered to publicise that John Lewis' 2019 Christmas advert is not infringing her copyright
Rosie Burbidge
- Apr 28
- 2 min
What is an NFT (according to UKIPO)?
UK Intellectual Property Office has published welcome guidance on the classification of NFTs, virtual goods and metaverse services
Rosie Burbidge
- Apr 28
- 5 min
Tesco's Clubcard logo is a Lidl bit too similar - find out why
Lidl has succeeded in its trade mark infringement, passing off and copyright claims against rival supermarket Tesco.
Rosie Burbidge
- Apr 28
- 3 min
How should a patent licence be interpreted?
A High Court judge has ruled in favour of AstraZeneca in a dispute over the interpretation of royalty provisions in patent licence agreement
Rosie Burbidge
- Mar 29
- 2 min
Will a new EU Directive end greenwashing?
The European Commission is cracking down on "greenwashing". The proposed Directive on substantiation and communication of explicit...
Rosie Burbidge
- Mar 29
- 2 min
When are clogs design clones?
Crocs has shown the value of perseverance in EUIPO proceedings - and the value of supplemental evidence (if allowed)
Rosie Burbidge
- Mar 24
- 2 min
What is a fair patent licence fee & is it $138.7 million?
Lenovo to pay InterDigital a lump sum of $138.7 million for a global license covering fair, reasonable and non-discriminatory (FRAND) terms
Rosie Burbidge
- Mar 24
- 3 min
Can you prove copyright infringement of software without seeing the source code?
The copying of functional similarity in software used in quality assurance manufacturing was considered without access to the source code
Rosie Burbidge
- Mar 24
- 3 min
Technical products and complex products in EU design law
The EU Court has given two judgments recently in referrals from EU national courts about how to interpret EU design law.
Rosie Burbidge
- Mar 24
- 3 min
How do you acquire distinctiveness in the EU?
Proving that a trade mark has acquired distinctive character through use is very challenging in the EU. Find out the latest cases here
Rosie Burbidge
- Mar 23
- 3 min
Is Insta the only gram?
The UK IPO's finding that GRAM / INSTAGRAM and Soundgram are no confusingly similar was not "plainly wrong" says the High Court
Rosie Burbidge
- Mar 14
- 3 min
Why did Marriott lose the DELTA trade mark appeal?
Marriott's DELTA trade mark appeal shows how hard it is to overturn first instance UKIPO decisions
Rosie Burbidge
- Feb 22
- 3 min
Is a trade mark royalty still due despite de-branding?
Alaska Airlines must continue to pay royalties to the Virgin Group due under a trade mark licence even if it no longer uses the brand name
Rosie Burbidge
- Feb 20
- 3 min
Why did Aldi’s gin bottles infringe M&S' registered designs?
A registered design infringement case about light up gin bottles with integrated gold flakes is a step forward for UK registered designs
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