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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, 20233 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, 20234 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
Jun 29, 20233 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, 20232 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 31, 20233 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, 20234 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, 20233 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
May 26, 20234 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

Rosie Burbidge
Apr 28, 20233 min read


What is an NFT (according to UKIPO)?
UK Intellectual Property Office has published welcome guidance on the classification of NFTs, virtual goods and metaverse services

Rosie Burbidge
Apr 28, 20232 min read


Tesco's Clubcard logo is a Lidl bit too similar - find out why
Lidl has succeeded in its trade mark infringement, passing off and copyright claims against rival supermarket Tesco.

Rosie Burbidge
Apr 28, 20235 min read


How should a patent licence be interpreted?
A High Court judge has ruled in favour of AstraZeneca in a dispute over the interpretation of royalty provisions in patent licence agreement

Rosie Burbidge
Apr 28, 20233 min read


Will a new EU Directive end greenwashing?
The European Commission is cracking down on "greenwashing". The proposed Directive on substantiation and communication of explicit...

Rosie Burbidge
Mar 29, 20232 min read


When are clogs design clones?
Crocs has shown the value of perseverance in EUIPO proceedings - and the value of supplemental evidence (if allowed)

Rosie Burbidge
Mar 29, 20232 min read


What is a fair patent licence fee & is it $138.7 million?
Lenovo to pay InterDigital a lump sum of $138.7 million for a global license covering fair, reasonable and non-discriminatory (FRAND) terms

Rosie Burbidge
Mar 24, 20232 min read


Can you prove copyright infringement of software without seeing the source code?
The copying of functional similarity in software used in quality assurance manufacturing was considered without access to the source code

Rosie Burbidge
Mar 24, 20233 min read


Technical products and complex products in EU design law
The EU Court has given two judgments recently in referrals from EU national courts about how to interpret EU design law.

Rosie Burbidge
Mar 24, 20233 min read


How do you acquire distinctiveness in the EU?
Proving that a trade mark has acquired distinctive character through use is very challenging in the EU. Find out the latest cases here

Rosie Burbidge
Mar 24, 20233 min read


Is Insta the only GRAM trade mark?
The UK IPO's finding that GRAM / INSTAGRAM and Soundgram are no confusingly similar was not "plainly wrong" says the High Court

Rosie Burbidge
Mar 23, 20233 min read
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