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Rosie Burbidge
Aug 29, 20233 min read
Speedy trials and rewritten undertakings in confidential information case
The Court of Appeal has reversed a first instance finding in a case concerning misuse of confidential information and other matters.
Rosie Burbidge
Aug 29, 20234 min read
When does keyword advertising infringe trade mark rights?
A small accounting company (Global Infosys Ltd) was found to have infringed the trade mark of a rival as a result of a campaign.
Rosie Burbidge
Aug 29, 20233 min read
Who created Bitcoin? (& why does this matter?)
Is Dr Craig Wright "Satoshi Nakamoto", the creator of Bitcoin? This key 'identity issue' is the first step in determining who created BTC
Rosie Burbidge
Jul 31, 20232 min read
There are no limits to trade mark invalidity counterclaims
In its latest trade mark judgment, the EU Court of Justice has ruled that a counterclaim for invalidity of an EU trade mark (EUTM) is not li
Rosie Burbidge
Jul 31, 20233 min read
Are consumers confused by polo marks?
The owner of the Beverly Hills Polo Club brand has lost a trade mark infringement case against Royal County of Berkshire Polo Club
Rosie Burbidge
Jul 31, 20233 min read
Why did the Court of Appeal reverse the Bitcoin copyright finding?
The Court of Appeal has found in favour of alleged owner of Bitcoin to serve a claim relating to copyright infringement of the Bitcoin File
Rosie Burbidge
Jul 31, 20233 min read
Can Puma find out who stopped its ambush marketing from Euro 2022?
The disclosure of documents relating to the removal of Puma's ambush marketing by TfL in the Euro 2022 tournament was ordered by IPEC
Rosie Burbidge
Jun 29, 20232 min read
What constitutes communication to the public on planes and trains?
European courts pass recent judgment on what constitutes “communication to the public” in copyright cases.
Rosie Burbidge
Jun 29, 20233 min read
Should trade mark proceedings be stayed pending EUTM decision?
His Honour Judge Hacon in the IPEC has stayed all the claims in a trade mark case, pending cancellation proceedings at the EUIPO
Rosie Burbidge
Jun 29, 20233 min read
Is an injunction warranted for copyright infringement?
The judge in the Lidl v Tesco case has now ruled that Lidl is entitled to a final injunction regarding the copyright infringement.
Rosie Burbidge
Jun 29, 20233 min read
Do cargo trousers infringe UK unregistered design right?
A claim for infringement of UK unregistered design right alleged to subsist in the design of a pair of cargo trousers has failed.
Rosie Burbidge
Jun 29, 20234 min read
What lessons can be learned from the Packham libel trial?
Litigation between TV personality and naturalist Chris Packham and three citizen journalists gives useful insights on liability and damages
Rosie Burbidge
Jun 29, 20233 min read
What constitutes misuse of confidential information?
Watchstone Group has lost a confidential information claim against PwC in the High Court - the outcome depended on two witnesses
Rosie Burbidge
May 31, 20232 min read
When will the EU introduce Geographical Indications for craft and industrial products?
The EU plan to introduce geographical indications (GIs) for craft and industrial products has taken a big step forward.
Rosie Burbidge
May 31, 20232 min read
EasyGroup asks: when should joint liability be determined?
A judge has ruled that issues relating to joint liability should be determined at the liability stage of a trial, rather than at quantum.
Rosie Burbidge
May 31, 20233 min read
When is a UK IPO Hearing Officer decision "flawed"?
It is rare that a Hearing Officer decision is overturned on appeal. But this all changed in a recent TM application for STITCH
Rosie Burbidge
May 31, 20233 min read
When is an “unless” order justified in the IPEC?
No “unless” order has been awarded in IPEC litigation re copyright infringement, breach of contract and fraudulent misrepresentation
Rosie Burbidge
May 26, 20234 min read
Find out how a complicated trading history leads to shared goodwill (not passing off)
Two Cotswolds estate agents shared goodwill in the name Hayman-Joyce. The trade mark infringement and passing off claims fail as a result
Rosie Burbidge
May 26, 20233 min read
What is honest concurrent use of a trade mark?
The court of appeal agrees that Muzmatch infringes Match.com's trade marks and its use amounts to passing off
Rosie Burbidge
May 26, 20234 min read
Can you trade mark a colour as applied to a product?
Glaxo has finally achieved a qualified victory in its attempt to secure trade mark protection for the color purple as applied to an inhaler.
Rosie Burbidge
Apr 28, 20232 min read
Umbro loses trade mark infringement case
UK court rejects a claim that football boots and other footwear bearing the Dream Pairs logo infringe Umbro’s double diamond trade mark
Rosie Burbidge
Apr 28, 20233 min read
When can copying be inferred?
The BBC has won a summary judgment against a screenplay writer who alleged that two episodes of the TV drama series Silent Witness infringed
Rosie Burbidge
Apr 28, 20233 min read
Passing off and copyright infringement in beauty case over anti-age serum
An anti-age skin serum called “Elixir” has led to a finding of passing off and copyright infringement
Rosie Burbidge
Apr 28, 20233 min read
What happens when a copyright claim backfires?
Author ordered to publicise that John Lewis' 2019 Christmas advert is not infringing her copyright
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