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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, 20214 min read
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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
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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
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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
Sep 15, 20212 min read
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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 23, 20213 min read
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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 19, 20212 min read
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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 12, 20213 min read
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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
Aug 5, 20213 min read
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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 23, 20212 min read
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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, 20212 min read
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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 22, 20213 min read
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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 5, 20213 min read
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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
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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...

Rosie Burbidge
Jul 3, 20212 min read
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What sort of shapes can be protected as trade marks?
Trade marks come in all shapes and sizes – words, slogans, colours, shapes, animations and more. One of the more unusual is a figurative...

Rosie Burbidge
Jun 24, 20213 min read
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Is Cybersquatting a big problem?
In short, "yes". Cybersquatters are a growing threat to brands. This trend has accelerated as e-commerce grows and consumers spend more...

Rosie Burbidge
Jun 22, 20212 min read
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What is the future of exhaustion of IP rights in the UK
An integral part of the UK intellectual property system has been a focus on balancing creator protection with fair competition and...

Rosie Burbidge
Jun 10, 20211 min read
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What does MADE IN BRITAIN mean?
After the many logistical issues posed by both Brexit and the pandemic and with sustainability at the forefront of everyone's mind, it is...

Rosie Burbidge
Jun 10, 20212 min read
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FOOTWARE trade mark not descriptive
As brands expand into new areas, particularly those driven by emerging technologies, they are often looking for innovative and memorable...

Rosie Burbidge
Jun 10, 20212 min read
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What will Department Stores Look Like Post Pandemic?
The pandemic has had a deadly toll on bricks and mortar retail. This has particularly affected some department stores, including the...

Rosie Burbidge
Jun 10, 20212 min read
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Which law applies to an international trade secrets dispute involving former employees
The High Court has recently provided guidance for employees in relation to the Recast Brussels Regulation. This guidance can be neatly...

Rosie Burbidge
May 28, 20212 min read
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Court of Appeal rules on liability and account of profits in trade mark case
The Court of Appeal has reviewed the law on liability and account of profits in a judgment concerning the BEVERLY HILLS POLO CLUB trade...

Rosie Burbidge
May 28, 20213 min read
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How do you assess damages for IP infringement?
A recent judgment from the IPEC provides a warning for anyone pursuing damages claims in IP cases. The process is time consuming, complex...

Rosie Burbidge
May 8, 20212 min read
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Give this passing off case a butchers
Passing off is often added as an afterthought to a trade mark infringement action. In those circumstances, it is very often successful....

Rosie Burbidge
May 8, 20214 min read
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