Rosie Burbidge
How can a brand survive administration?
Tesco values the Paperchase brand and related IP rights. Find out how approach can work as part of a wider business strategy
top of page
Blog
Search
Rosie Burbidge
- 4 days ago
- 3 min
What is the latest on parallel imports and repackaging?
The repackaging of parallel imports of medicinal products is a fraught area of trade mark disputes. A Danish court referred seven questions
Rosie Burbidge
- 5 days ago
- 2 min
Watch Out! Find out how UK IPO is changing address for service rules
If UKIPO holds a non-UK address, before serving any documents, UKIPO will give one month to provide a UK address for service
Rosie Burbidge
- 5 days ago
- 2 min
Are you aware of the benefits of geographical indications?
Sussex wine became the latest UK geographical indication (GI) to be registered in June 2022. GI status is available to wine in the region
Rosie Burbidge
- 5 days ago
- 2 min
How has well-known mark protection changed?
Find out about two recent changes to the protection of well known trade marks in the UK
Rosie Burbidge
- 6 days ago
- 2 min
Does AI art infringe copyright?
Getty Images recently announced that it has launched copyright infringement proceedings in the High Court in London against Stability AI.
Rosie Burbidge
- 6 days ago
- 3 min
When are data and documents protected by legal privilege in the UK?
A purchase of sports rights agencies led to complex questions of when legal privilege arises
Rosie Burbidge
- 7 days ago
- 3 min
What constitutes "use" of a domain name?
A case about rival builders and insulated timber framed panels had a bit of everything: patent & copyright infringement, passing off...
Rosie Burbidge
- Jan 22
- 2 min
Who controls a jointly owned trade mark?
This is a family dispute about control of a trade mark for "Legea" for sports goods. E.g. who can terminate an assignment?
Rosie Burbidge
- Jan 6
- 2 min
Is Amazon liable for ads from third-party sellers?
Ecommerce may be transformed by an EU decision about who is responsible for ads on Amazon by third-party sellers for infringing goods
Rosie Burbidge
- Dec 22, 2022
- 4 min
Can a country name be registered as a trade mark?
In December 2016, I wrote a post for the IPKat blog about a dispute over the ICELAND trade mark. Six years on, we now have two EU decisions
Rosie Burbidge
- Dec 22, 2022
- 2 min
MISTER CHEF v MASTERCHEF: Where is the line for conceptual similarity?
MISTER CHEF is not conceptually similar to MASTERCHEF says the High Court in an appeal from the UKIPO
Rosie Burbidge
- Dec 22, 2022
- 3 min
EU design law is changing - what do you need to know?
The proposal for a revised Regulation and Directive on designs was adopted on 28 November 2022! Next step: European Parliament
Rosie Burbidge
- Dec 22, 2022
- 3 min
How are unusual trade marks faring at the EU General Court?
Two EU General Court judgments on unconventional trade marks (Jet washer tips and smiley faced chips) led to two different outcomes.
Rosie Burbidge
- Dec 22, 2022
- 5 min
A year in blogs - bad faith, NFTs, TV characters, colour marks, damages & more...
From bad faith trade marks to NFTs as goods (or services?), this post recaps the top 10 most popular blogposts of the year (and highlights
Rosie Burbidge
- Nov 30, 2022
- 3 min
Do human rights impact trade mark law?
A November 2022 judgment in the English High Court addressed the interesting question of the interaction between the Human Rights Act and...
Rosie Burbidge
- Nov 30, 2022
- 3 min
How to interpret an IP royalty audit clause?
Paddington Bear may be well known as an amiable character but a dispute over merchandising revenue has revealed some hidden tensions
Rosie Burbidge
- Nov 24, 2022
- 2 min
When is a design solely dictated by technical function?
When is a registered design “solely dictated by its technical function”? And how relevant is the existence of a prior patent?
Rosie Burbidge
- Nov 23, 2022
- 3 min
SHOPIFY v SHOPPI: What are the risks of a weak trade mark?
The EU General Court has upheld a finding of no likelihood of confusion between an EU trade mark for Shoppi (figurative, pictured) and...
Rosie Burbidge
- Nov 23, 2022
- 3 min
When is a TM registration made in bad faith?
In June 2022, we reported on a judgment striking out aspects of Tesco’s counterclaim in its trade mark dispute with rival supermarket...
Rosie Burbidge
- Nov 22, 2022
- 3 min
When is relabelling trade mark infringement?
The Court of Justice of the EU (CJEU) has clarified the application of the so-called BMS conditions on repackaging and relabelling in a...
Rosie Burbidge
- Oct 28, 2022
- 3 min
How do you calculate counterfactual damages?
Miss Charlotte May KC, sitting as a Deputy High Court Judge, has made a detailed calculation of damages due for infringement of a patent...
Rosie Burbidge
- Oct 28, 2022
- 3 min
Can infringing tester products be destroyed?
Goods such as "testers" that are put on the market without the IP right holder’s consent may be destroyed, even if they were not...
Rosie Burbidge
- Oct 28, 2022
- 3 min
How connected are infringement and invalidity actions?
The Court of Justice of the EU has ruled on an interesting but unusual question, namely: can an EU trade mark court rule on the validity...
bottom of page