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Rosie Burbidge
Nov 26, 20213 min read
Can data protection be used as a quasi "image right"?
The answer to this question, in the UK at least, now appears to be "no". The UK Supreme Court has rejected an attempt by an individual to...
Rosie Burbidge
Nov 26, 20212 min read
Why register your IP licence?
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...
Rosie Burbidge
Nov 20, 20212 min read
Can you protect designs as confidential information?
What connects Leonardo Da Vinci, a Christmas miracle and the possible award of exemplary damages? The answer lies in a recent High Court...
Rosie Burbidge
Nov 20, 20212 min read
Can parts of a Ferrari be protected as Unregistered Community Designs?
When can component parts of a product be protected as unregistered Community designs (UCDs)? The Court of Justice of the EU (CJEU)...
Rosie Burbidge
Nov 5, 20212 min read
Find out why trade mark clearance is important
We recently reported on the Litecoin case where an application to register a trade mark was found to constitute passing off (see blog...
Rosie Burbidge
Nov 5, 20211 min read
UAE joins the Madrid System
Good news for anyone with international trade mark plans On 28 September, 2021, the United Arab Emirates Government and WIPO announced...
Rosie Burbidge
Nov 5, 20212 min read
'Green' trade marks on the rise
We’ve all become more conscious of climate change and other environmental issues over the past 25 years – and that can be seen in the...
Rosie Burbidge
Oct 4, 20212 min read
Can unreasonable behaviour lead to a higher IPEC costs award?
In early 2021, Deputy High Court Judge David Stone (sitting in the IP Enterprise Court, IPEC) in a dispute over the use of the name...
Rosie Burbidge
Oct 4, 20212 min read
A rotten judgment for John Lydon
Who has the power to control the use of the Sex Pistols IP rights? That was essentially the question decided by Sir Anthony Mann in Jones...
Rosie Burbidge
Oct 4, 20212 min read
What is required for a successful moral rights claim?
Moral rights disputes don’t come to court very often, so Mrs Justice O’Farrell’s judgment in The Front Door (UK) Lt (t/a Richard Reid...
Rosie Burbidge
Sep 15, 20214 min read
Why is easyGroup usually successful in trade mark proceedings (& why did it recently lose)?
easyGroup, which owns the IP rights for companies such as easyJet and easyHotel, has been active, and largely successful, in bringing...
Rosie Burbidge
Sep 15, 20212 min read
Where's the line for music copyright infringement
The popular song Waiting All Night by the band Rudimental was not copied from a 2007 song Can You Tell Me, performed by Kelly-Marie...
Rosie Burbidge
Sep 15, 20212 min read
Court of Appeal divided over disclosure
Can confidential discussions between parties in the UK be disclosed in parallel litigation in the US? The Court of Appeal was divided on...
Rosie Burbidge
Sep 15, 20212 min read
Speedy justice in design case
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)...
Rosie Burbidge
Aug 23, 20213 min read
Can you win a trade mark case without evidence of actual confusion?
This Court of Appeal decision is a helpful reminder that a lack of evidence of actual confusion is not necessarily fatal to a finding of...
Rosie Burbidge
Aug 19, 20212 min read
LITECOIN - crypto trade mark application is passing off
An application to register a trade mark can constitute passing off, according to a recent judgment by Deputy High Court Judge John...
Rosie Burbidge
Aug 12, 20213 min read
Descriptive marks beware: Judge rejects Oatly trade mark case
Oatly has hit a brick wall in its attempt to stop third parties from selling oat milk using the word "OAT" plus the letter "Y". A...
Rosie Burbidge
Aug 5, 20213 min read
SKY brings good news for broad trade marks
A common trade mark filing strategy in the UK and EU is to file a broad trade mark specification. A broad specification makes enforcement...
Rosie Burbidge
Jul 23, 20212 min read
Mwah! Lipstick shape registered as EU trade mark
In a decision likely to be welcomed by owners of 3D trade marks, the EU General Court has ruled that the shape of Guerlain’s Rouge G...
Rosie Burbidge
Jul 22, 20212 min read
Can MILEY CYRUS register her name as an EU trade mark?
A recent decision of the EU General Court looks like good news for celebrities. The singer Miley Cyrus had applied to register her name...
Rosie Burbidge
Jul 22, 20213 min read
Wonder Woman comes down to earth
The UK IPO, at least, seems resistant to Wonder Woman’s superpowers, after it rejected DC Comics’ opposition to a trade mark application...
Rosie Burbidge
Jul 5, 20213 min read
How to reduce the risk of a claim for Groundless Threats of trade mark infringement
There’s rarely been a better example of the risks of launching litigation without careful consideration than the recent IPEC decision in...
Rosie Burbidge
Jul 3, 20212 min read
What happened to Colin the Caterpillar & what does it mean for your brand?
We take legal research very seriously - in order to fully understand the implications of the most tasty dispute of the year, Colin vs...
Rosie Burbidge
Jul 3, 20212 min read
Can using a variant of your own name still be passing off?
Passing off in the jewellery world can be a challenge - particularly where first names are used in connection with a business. This claim...
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