ROSIE BURBIDGE

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Why contracts are in writing: lessons from an oral trade mark co-existence agreement

Feb 22
2 min

Why contracts are in writing: lessons from an oral trade mark co-existence agreement

A recent decision by the Intellectual Property Enterprise Court reveals the problems that can arise when businesses that once shared name fall out and do not have a clear agreement in place. The case covered 22 issues(!) in total, including copyright infringement, trade mark validity and infringement and passing off. Following a two-day trial in November, Deputy High Court Judge David Stone handed down his judgment on 18 January 2021. The case was brought by Cormeton Fire Pro

Targeting and trade marks - Beverly Hills Polo Club takes on the Amazon

Feb 19
3 min

Targeting and trade marks - Beverly Hills Polo Club takes on the Amazon

When is an online marketplace “targeting” consumers in a particular jurisdiction? This was the question that Mr Justice Michael Green wrestled with in his judgment in Lifestyle Equities CV & Anor v Amazon UK Services Ld & Ors [2021] EWHC 118 (Ch). The case involved trade mark infringement and passing off claims brought against Amazon regarding the sale of goods bearing the Beverly Hills Polo Club trade marks on amazon.com. The claimants are familiar faces in the English High

The Janger Ltd v Tesco Plc

Jan 15
2 min

The Janger Ltd v Tesco Plc

What does the fashion industry hang on? The Janger is designed for travel and holiday use (so probably isn't getting a lot of use at the moment!) Most fashion cases concern design right, copyright and trade marks. It is relatively unusual for patents and fashion to collide. The Janger Ltd v Tesco Plc [2020] EWHC 3450 (IPEC) (16 December 2020) was one of the last cases from 2020 and one of the few to look at patents and fashion. Janger had a patent for “A hangable garment hook

The last Community Design case (in the UK)

Dec 24, 2020
1 min

The last Community Design case (in the UK)

A case regarding “ballet flats” is likely the last time in which a UK court will sit as a Community Design Court, and the judgment was handed down expeditiously given the end of the Brexit transition period on 31 December 2020. The case involved registered Community designs (RCDs) and unregistered Community designs (UCDs), and issues of both validity and infringement. Deputy High Court Judge David Stone found: both the registered and unregistered design to be valid as they pr

Lycra owner gets in a tight spot on costs: Unjust Part 36 offers, ex employees, breach of confidence

May 25, 2019
5 min

Lycra owner gets in a tight spot on costs: Unjust Part 36 offers, ex employees, breach of confidence

Legal costs are not always seen as the sexiest topic for a blogpost (anyone with colleagues who cycle into the office may have similar views about Lycra). However, the approach that the courts take toward costs is of huge practical importance and sometimes there is a decision which is sufficiently "wait, what?" that it deserves to be shared with a wider audience. I am talking of course about the Invista v Botes saga and the treatment of a Part 36 offer. What happened? In Janu

Unregistered designs - super useful rights which are unappreciated by designers

Nov 27, 2018
2 min

Unregistered designs - super useful rights which are unappreciated by designers

Just under four years ago the UK Intellectual Property Office commissioned research to address the lack of existing data on design infringement. The results of that research were published last week. My key takeaway is that the designs community does not appreciate the value of designs - particularly unregistered designs. This post aims to change that. Unregistered vs unregistered designs In the report, unregistered designs were rated at the bottom of the list of useful right

How much is a photograph worth?

Nov 25, 2018
3 min

How much is a photograph worth?

Photography cases have occupied a lot of the early years of the revamped IP Enterprise Court (or IPEC) more than any other type of case. For example, Temple Island v New English Teas (the red bus case), Hoffman v D.A.R.E, Delves Broughton v House of Harlot, Celebrity Pictures v B Hannah. One photography focused case which is of particular interest in the context of damages is Sheldon v Daybrook [2013] EWPCC 26. This case is relatively unusual by English court standards becau