A fascinating recent judgment by Recorder Amanda Michaels concerned allegations that UK and EU trade marks for FUNTIME, FUN TIME and FUN-TIME for games, toys and playthings and electronic games in class 28 were infringed by action figures, pop vinyl and plush toys sold under the names Funtime Freddy and Funtime Foxy (Luen Fat Metal and Plastic Manufactory Co Ltd v Funko UK, Ltd). These products were derived from the ‘Five Nights at Freddy’s’ (FNAF) horror video game franchise

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 Judge Hacon found that the China Tang trade mark was infringed. The case was brought by the owner of the China Tang restaurant at the Dorchester Hotel in London against a Chinese takeaway called China Tang in Barrow-in-Furness (GNAT and Company Ltd & Anor v West Lake East Ltd & Anor [2022] EWHC 319 (IPEC)). Scope of trade mark The claim was b

Confidential information – which can include databases, sales figures, spreadsheets – is often an extremely valuable part of modern business. It can be critical in giving a competitive advantage. Consequently, it’s not surprising that disputes concerning its alleged misuse are often complex and hard fought, especially when they involve companies that were previously business partners. That was the case in recent litigation between two motor insurance providers, in which Sir A

What happens when two parties cannot agree about the interpretation of an IP licence agreement? This question was recently examined by Deputy Master Raeburn in a dispute between a designer, Damian Evans, and the producer of homeware products, Joseph Joseph Limited (JJL). The judgment is available here. Kitchenware designs Evans had signed an agreement with JJL in 2007, under which he licensed to the company the IP rights in his designs for kitchenware. This was amended in 201

The Court of Appeal recently found that a company which had acquired the BEVERLY HILLS POLO CLUB trade marks was bound by an arbitration clause in an agreement signed by its predecessor. More details on the first instance decision are here. The case is Lifestyle Equities CV & Anor v Hornby Street (MCR) Ltd & Ors [2022] EWCA Civ 51. What happened? Lifestyle Equities acquired the UK and EU trade marks for BEVERLY HILLS POLO CLUB in 2009. It subsequently sought to bring an actio