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Rosie Burbidge
Jun 24, 20213 min read
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 22, 20212 min read
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 10, 20211 min read
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, 20212 min read
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
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
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
May 28, 20212 min read
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, 20213 min read
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 8, 20212 min read
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, 20214 min read
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, 20212 min read
MONOPOLY cannot last forever without regular use
The EU General Court has upheld the EUIPO Board of Appeal decision in the MONOPOLY trade mark case. This is a long anticipated and...
Rosie Burbidge
May 1, 20212 min read
Do sports teams with similar names infringe IP rights?
The Court of Appeal has upheld a finding of trade mark infringement, but overturned a passing off finding, in a case concerning two UK...
Rosie Burbidge
May 1, 20212 min read
When are famous logos considered similar?
The EU General Court has upheld a Board of Appeal ruling in a dispute between Chanel and Huawei, finding that Huawei’s EUTM application...
Rosie Burbidge
May 1, 20212 min read
Can you consent to a database extraction breach of confidence?
This was a complex dispute concerning a claims management database. It involved alleged infringement of a database right, misuse of...
Rosie Burbidge
May 1, 20213 min read
Can you protect XML Schema with IP?
Disputes relating to software are often complex, with multiple parties and issues involved. However, they can also illuminate important...
Rosie Burbidge
Apr 19, 20212 min read
Satan Shoes - Nike and the devil tussle over trade mark exhaustion
Occasionally IP disputes break into the public domain. This one has to do with Nike, a famous brand, and also to do with Satan. Rosie and...
Rosie Burbidge
Apr 17, 20212 min read
How to avoid penalty clauses in IP Settlement Agreements
A judge in the Patents Court has ruled that terms concerning the ownership and validity of IP rights in a settlement agreement were not...
Rosie Burbidge
Apr 17, 20212 min read
How can a trade mark survive a challenge to its validity?
The IP Enterprise Court (IPEC) has enabled smaller businesses to fight back against perceived intellectual property (IP) injustices. Its...
Rosie Burbidge
Mar 9, 20212 min read
What are the key considerations for fashion trade marks?
Is there a likelihood of confusion between the figurative signs pictured below (PANTHÉ and PANTHER) for “Clothing; Headgear” in Class 25?...
Rosie Burbidge
Mar 9, 20212 min read
Who owns copyright works that an employee creates at home?
One of the highlights of the pandemic has been the opportunity to catch up on a lifetime's worth of TV. Fortunately, there are some truly...
Rosie Burbidge
Mar 7, 20215 min read
How can you stop someone from systematically copying your brand?
What if the copying went further than just your designs and covered everything from your marketing strategy to your models? This major...
Rosie Burbidge
Feb 23, 20212 min read
What are the advertising requirements for influencers?
Influencers are advertisers. This has been clear for some time. But now influencers are trending for the wrong reasons as the Advertising...
Rosie Burbidge
Feb 22, 20212 min read
Why is a formal co-existence agreement important?
A recent decision by the Intellectual Property Enterprise Court reveals the problems that can arise when businesses that once shared name...
Rosie Burbidge
Feb 19, 20213 min read
When is an online marketplace “targeting” consumers in a territory?
This was the question that Mr Justice Michael Green wrestled with in his judgment in Lifestyle Equities CV & Anor v Amazon UK Services Ld...
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