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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 8, 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, 20212 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
May 1, 20213 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 19, 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
Apr 17, 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 9, 20212 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
Mar 7, 20215 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 23, 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 22, 20212 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...

Rosie Burbidge
Feb 19, 20213 min read


Joint authorship dispute resolved after retrial
The long-lasting litigation over the authorship of the screenplay for the 2016 film “Florence Foster Jenkins” has resulted in the court...

Rosie Burbidge
Feb 2, 20212 min read


Can English passing off override a US contract?
Mr Justice Miles’s judgment in Lyle & Scott Limited v American Eagle Outfitters, Inc is an important decision for international fashion...

Rosie Burbidge
Feb 2, 20213 min read


What are the benefits of IP Insurance
With IP worth 75% of a business’ value why do less than 13% of businesses have IP insurance? It’s fascinating to read the insurance...

Rosie Burbidge
Feb 2, 20212 min read


Watch out! New employees could lead to a breach of confidence claim against you
A new employee joins a business. They have lots of new ideas and suggestions. Sounds great but might you be at risk? To put it another...

Rosie Burbidge
Feb 2, 20212 min read


Brand investment pays off for Dr Martens
Dr Martens, the footwear and clothing brand that defined my teens, is launching an initial public offering (IPO) which could value the...

Rosie Burbidge
Feb 2, 20212 min read


Are domain names personal property?
Domain names have been treated as a type of intellectual property for years but their precise status has not been clear in the UK, until...

Rosie Burbidge
Jan 27, 20212 min read


The limits of shape protection: The Gömböc example
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...

Rosie Burbidge
Jan 24, 20212 min read


How do patents work in the fashion industry?
The Janger is designed for travel and holiday use (so probably isn't getting a lot of use at the moment!) Most fashion cases concern...

Rosie Burbidge
Jan 15, 20212 min read


What happened in the last Community Design case in the UK?
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...

Rosie Burbidge
Dec 24, 20201 min read


Can a famous brand avoid trade mark clearance for new product categories?
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...

Rosie Burbidge
Dec 24, 20202 min read
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