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 Court of Appeal has upheld a ruling by HHJ Hacon in the IPEC (first covered on the blog here) that copyright in a number of literary works consisting of computer software belonged to the claimant’s employer. The Court of Appeal’s decision is Penhallurick v MD5 Ltd. At first instance, HHJ Hacon found that (i) all the relevant works were created in the course of employment and that, (ii) in any case, rights were assigned to the employer by a November 2008 agreement. Interpr

In what may be a record for an IP case in the UK, the trial in Lutec (UK) Ltd & Ors v Cascade Holdings Ltd & Anor [2021] EWHC 1907 (Pat) lasted just over an hour. In his judgment published on 9 July 2021, Deputy High Court Judge David Stone found that four registered designs were infringed by two outdoor light fittings, known as the Helios Up Or Down light (Helios U/D) and the Helios Up And Down light (Helios U&D). The judge attributed the rapid resolution to “thorough prepar

There’s rarely been a better example of the risks of launching litigation without careful consideration than the recent IPEC decision in Fox Group International Ltd v Teleta Pharma Ltd [2021] EWHC 1714 (IPEC), a case concerning the brand REVOLAX. As HHJ Melissa Clarke summarised it in the opening paragraph of her judgment: “This case is a cautionary tale to potential claimants who are considering trade mark infringement proceedings against a potential defendant they suspect o

Passing off in the jewellery world can be a challenge - particularly where first names are used in connection with a business. This claim was brought by Alyssa Smith Jewellery Limited, founded by Alyssa Smith, against Alisa Goodstone, who trades as Alyssa Jewellery Design. Ms Smith has operated a business since 2009, including via the websites www.alyssa-smith.com and (later) www.alyssasmith.co.uk as well as using the Twitter handle @AlyssaJewellery. She claimed goodwill in t