The latest Luxury Law Jurisdictional Comparison Guide has been released. The Guide provides jurisdictional-specific answers and insights into how luxury businesses can protect their brands. It's written by IP legal experts from around the world and focuses on trade mark law, copyright, designs, privacy, product placement and the protection of corporate image and reputation. Rosie Burbidge wrote the UK chapter - available here. More information on the guide can be found here.
Although EU law is no longer binding on the UK, in practice, the laws remain the same and what happens in the EU courts will continue to have a bearing on UK practice for some time to come. That means that we still need to keep up to date with the latest decisions of the European Court of Justice and the EU General Court. The General Court is a particular hotbed of IP activity as it considers a large number of appeals from EUIPO concerning EU trade marks and registered Commun
In the United Kingdom it is not a requirement for a trade mark or design licence to be registered at the UK Intellectual Property Office (UKIPO), so why bother? If a licence is not registered, any rights held by a licensee are ineffective against any third party to whom the licensor’s rights are later assigned to provided that the third party is ignorant or unaware of the licence. This means the third party takes free from the licence and can ultimately prevent the licensee f
What connects Leonardo Da Vinci, a Christmas miracle and the possible award of exemplary damages? The answer lies in a recent High Court judgment by Mr Justice Jacobs (Salt Ship Design AS v Prysmian Powerlink SRL). The case concerned designs for a cable lay vessel produced by Salt Ship Design for Prysmian. The judge found that Prysmian (a company with annual revenue of €10 billion) had made the designs available to another designer, Vard Design AS, which was associated with t
When can component parts of a product be protected as unregistered Community designs (UCDs)? The Court of Justice of the EU (CJEU) recently answered that question in a case concerning design rights in a Ferrari car (Case C-123/20). The case, which was before the German Federal Court of Justice (BGH) related to the Ferrari FXX K model, presented to the public in December 2014 (pictured). Ferrari alleged that Mansory Design (and Mansory’s CEO) infringed its UCDs by marketing ki