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How should an IP licence agreement be interpreted?
What happens when two parties cannot agree about the interpretation of an IP licence agreement? This question was recently examined by...

Rosie Burbidge
Feb 27, 20222 min read


When does an arbitration clause apply to trade mark infringement proceedings?
The Court of Appeal recently found that a company which had acquired the BEVERLY HILLS POLO CLUB trade marks was bound by an arbitration...

Rosie Burbidge
Feb 17, 20222 min read


China joins the Hague System
China has been steadily overhauling its IP system for well over a decade. Last week, in the latest development, China joined WIPO’s Hague...

Rosie Burbidge
Feb 14, 20222 min read


What is the Unitary Patent and why does it matter to you?
The unitary patent represents the biggest change to the IP landscape in Europe since the Community Trade Mark (now EUTM). Even if you’re...

Rosie Burbidge
Feb 13, 20222 min read


What do you think of the UK designs system?
The UK Intellectual Property Office (UKIPO) has launched a call for views on the designs system. It says this will “help us better...

Rosie Burbidge
Feb 1, 20222 min read


Can UK courts grant pan-EU injunctions in proceedings began pre-Brexit ?
In short, yes: the UK courts can grant a pan-EU injunction in proceedings that were pending on 31 December 2020, the day the UK left the...

Rosie Burbidge
Jan 29, 20222 min read


What's the risk of filing a takedown notice?
A legal action for unjustified threats is a serious risk that trade mark owners run when making allegations of infringement, including by...

Rosie Burbidge
Jan 29, 20222 min read


How much will a court award in additional damages for flagrant IP infringement?
There was not a lot of excitement in 2021 but one IP highlight concerned the ongoing Original Beauty v G4K saga. We first wrote about...

Rosie Burbidge
Jan 14, 20223 min read


When is purchasing an old trade mark a good idea?
Trade mark infringement, honest concurrent use and so-called “moribund marks” were the focus of an interim decision in a case concerning...

Rosie Burbidge
Jan 12, 20222 min read


How do you interpret a copyright contract?
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...

Rosie Burbidge
Jan 4, 20223 min read


What's a website blocking order and why is it useful?
Nintendo was granted an early Christmas present by the Honourable Mrs Justice Joanna Smith DBE - a website blocking order (Nintendo Co...

Rosie Burbidge
Jan 3, 20222 min read


What are the IP issues facing luxury businesses in the UK?
The latest Luxury Law Jurisdictional Comparison Guide has been released. The Guide provides jurisdictional-specific answers and insights...

Rosie Burbidge
Dec 23, 20211 min read


What do recent EU trade mark and design judgments mean for the UK?
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...

Rosie Burbidge
Dec 8, 20214 min read


How Tolkein's estate reclaimed a copycat crypto domain name
The estate of JRR Tolkien recovered the domain name jrrtoken.com, from the owner of a crytpo website

Rosie Burbidge
Nov 26, 20212 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, 20213 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 26, 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 20, 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, 20212 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, 20211 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
Nov 5, 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
Oct 4, 20212 min read
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