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Rosie Burbidge
Apr 28, 20232 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, 20235 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, 20233 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
Mar 29, 20232 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 24, 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, 20233 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 23, 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 14, 20233 min read
Why did Marriott lose the DELTA trade mark appeal?
Marriott's DELTA trade mark appeal shows how hard it is to overturn first instance UKIPO decisions


Rosie Burbidge
Feb 22, 20233 min read
Is a trade mark royalty still due despite de-branding?
Alaska Airlines must continue to pay royalties to the Virgin Group due under a trade mark licence even if it no longer uses the brand name


Rosie Burbidge
Feb 20, 20233 min read
Why did Aldi’s gin bottles infringe M&S' registered designs?
A registered design infringement case about light up gin bottles with integrated gold flakes is a step forward for UK registered designs


Rosie Burbidge
Feb 15, 20233 min read
Can a Bitcoin file format be protected by copyright?
Is the Bitcoin file format capable of protection as a copyright work?


Rosie Burbidge
Feb 10, 20232 min read
Do NFTs infringe trade mark rights?
NY jury awards luxury brand Hermès $133,000 in damages re MetaBirkin NFT collection sold by digital artist Mason Rothschild


Rosie Burbidge
Feb 3, 20232 min read
How can a brand survive administration?
Tesco values the Paperchase brand and related IP rights. Find out how approach can work as part of a wider business strategy


Rosie Burbidge
Feb 1, 20233 min read
What is the latest on parallel imports and repackaging?
The repackaging of parallel imports of medicinal products is a fraught area of trade mark disputes. A Danish court referred seven questions


Rosie Burbidge
Jan 31, 20232 min read
Watch Out! Find out how UK IPO is changing address for service rules
If UKIPO holds a non-UK address, before serving any documents, UKIPO will give one month to provide a UK address for service


Rosie Burbidge
Jan 31, 20232 min read
Are you aware of the benefits of geographical indications?
Sussex wine became the latest UK geographical indication (GI) to be registered in June 2022. GI status is available to wine in the region


Rosie Burbidge
Jan 31, 20232 min read
How has well-known mark protection changed?
Find out about two recent changes to the protection of well known trade marks in the UK


Rosie Burbidge
Jan 30, 20232 min read
Does AI art infringe copyright?
Getty Images recently announced that it has launched copyright infringement proceedings in the High Court in London against Stability AI.


Rosie Burbidge
Jan 30, 20233 min read
When are data and documents protected by legal privilege in the UK?
A purchase of sports rights agencies led to complex questions of when legal privilege arises


Rosie Burbidge
Jan 29, 20233 min read
What constitutes "use" of a domain name?
A case about rival builders and insulated timber framed panels had a bit of everything: patent & copyright infringement, passing off...


Rosie Burbidge
Jan 22, 20232 min read
Who controls a jointly owned trade mark?
This is a family dispute about control of a trade mark for "Legea" for sports goods. E.g. who can terminate an assignment?
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