It is very challenging to obtain a legal monopoly in a shape. The easiest solution is to file one or more registered designs within the one year grace period applicable for UK and EU registered designs. Miss the deadline, unregistered designs, copyright or even trade marks may be available. The criteria for protection vary and, particularly in the case of trade marks, there are a lot of exceptions. The Gömböc is a mathematical theory made real. It is a convex, three-dimension
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
You take a famous car company with a well known trade mark, say Ferrari, and decide that you can get an entirely new revenue stream licensing this mark for use on FMCG products such as clothing. It is a roaring success! Competitors look at this success and think - great idea! Let's copy it... but not all of them clear their rights first. The following is a cautionary tale in more ways than one. I was in charge of this case from its start until well into the disclosure phase.
Branding and trade mark use can change in subtle (and not so subtle) ways over time. For example, it may be used in a different typeface, a different colour or together with another device mark. This creates a problem for trade mark holders as, in the EU if you have not used a trade mark for some of the goods and services for which is it is registered, once the initial 5 year grace period after registration is over, anybody may apply to revoke the trade mark on the basis that
More Than Just a Game V - MTJG - is an international series of academic-led conferences on Games and Interactive Entertainment Law attracting an international network of researchers and legal professionals who are passionate about the most successful and fastest-growing of the Creative Industries. The 2019 conference covered a number of issues including: (i) loot boxes & the risks of randomised monetisation; (ii) the impact of GDPR on artificial intelligence, and (iii) the im