Rosie Burbidge
When is an agreement void for common mistake?
A trade mark dispute about hand made footwear. This case clarifies the law on common mistake.
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Rosie Burbidge
- 16 hours ago
- 3 min
When is a product a component part of a complex product?
The Advocate General (AG) of the EU Court of Justice (CJEU) has addressed one of the thorny issues in EU design law in a case involving a...
Rosie Burbidge
- 16 hours ago
- 3 min
When is an interim injunction appropriate in passing off cases?
Mr Justice Mellor has declined to grant an interim injunction in a passing off case concerning vodka bottles. The case was brought by Au...
Rosie Burbidge
- 5 days ago
- 3 min
Geographical Indications: What are the latest developments?
The protection of terms which indicate the geographical origin of goods, whether as Geographical Indications (GIs), or otherwise is an...
Rosie Burbidge
- Sep 1
- 2 min
Does the use of Amazon’s IPR procedure amount to a threat?
The complaints procedures offered by online marketplaces can be effective mechanisms for the removal of IP-infringing goods. However, as...
Rosie Burbidge
- Aug 31
- 3 min
Is a water resistance rowing machine a work of artistic craftsmanship?
Deputy High Court Judge David Stone has ruled that the the question of whether a WaterRower water resistance rowing machine (pictured) is...
Rosie Burbidge
- Aug 31
- 3 min
Who is liable when YouTube collaborators split?
The problems that can arise when business partners fall out were illustrated by the recent judgment in Costa v DissociaDID Ltd & Anor. In...
Rosie Burbidge
- Aug 31
- 3 min
What does trade mark ‘targeting” mean?
The question of whether an advertisement or offer for sale “targets” consumers in a particular jurisdiction is critical in trade mark...
Rosie Burbidge
- Aug 31
- 2 min
How do you assess unfair advantage?
The High Court has upheld a UK IPO finding that the registration of a UK trade mark for RED DAWG should be refused under Section 5(3) of...
Rosie Burbidge
- Aug 8
- 3 min
When can a colour be a trade mark?
There has been a further court decision arising from Cadbury’s attempt to register UK trade marks for the colour purple in class 30. In...
Rosie Burbidge
- Jul 22
- 1 min
Are NFTs goods?
The EUIPO has published guidance on how virtual goods and non-fungible tokens (NFTs) should be classified, a question that has caused a...
Rosie Burbidge
- Jul 22
- 1 min
What are the costs caps at the IPEC?
Exciting news for IP litigants in the UK! The costs caps at the Intellectual Property Enterprise Court (IPEC) will increase, following a...
Rosie Burbidge
- Jul 22
- 2 min
Are changes to UK design law coming?
The UK government published its response to the call for views on reviewing the designs framework in the UK on 12 July 2022. In short,...
Rosie Burbidge
- Jul 22
- 3 min
Who owns goodwill in The Rubettes?
The 1970s band The Rubettes, known for the song “Sugar Baby Love”, were at the centre of a passing off judgment this month (Alan Williams...
Rosie Burbidge
- Jul 22
- 2 min
Does Manolo Blahnik decision mark a turning-point in China?
The UK-based fashion brand Manolo Blahnik has successfully invalidated a trade mark registration incorporating its name in China,...
Rosie Burbidge
- Jul 22
- 3 min
Can you change a claim from profits to damages?
Successful claimants in litigation in the UK can normally choose between (i) an account of profits and (ii) an inquiry as to damages. But...
Rosie Burbidge
- Jul 22
- 2 min
Can you register THE as a trade mark?
Can you register THE in relation to clothing as a trade mark in the United States? After nearly three years of trying, Ohio State...
Rosie Burbidge
- Jul 7
- 3 min
When is a successful party entitled to an award of costs?
As many readers will recall, Ed Sheeran was successful in his recent copyright case against Sami Chokri and others, after the judge – Mr...
Rosie Burbidge
- Jun 27
- 2 min
When 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 Burbidge
- Jun 27
- 2 min
What 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 Burbidge
- Jun 22
- 3 min
When 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 Burbidge
- Jun 20
- 3 min
How 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 Burbidge
- Jun 20
- 2 min
Can 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 Burbidge
- May 28
- 3 min
Is 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...