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Rosie Burbidge
Jan 6, 20232 min read
Is Amazon liable for ads from third-party sellers?
Ecommerce may be transformed by an EU decision about who is responsible for ads on Amazon by third-party sellers for infringing goods


Rosie Burbidge
Dec 22, 20224 min read
Can a country name be registered as a trade mark?
In December 2016, I wrote a post for the IPKat blog about a dispute over the ICELAND trade mark. Six years on, we now have two EU decisions


Rosie Burbidge
Dec 22, 20222 min read
MISTER CHEF v MASTERCHEF: Where is the line for conceptual similarity?
MISTER CHEF is not conceptually similar to MASTERCHEF says the High Court in an appeal from the UKIPO


Rosie Burbidge
Dec 22, 20223 min read
EU design law is changing - what do you need to know?
The proposal for a revised Regulation and Directive on designs was adopted on 28 November 2022! Next step: European Parliament


Rosie Burbidge
Dec 22, 20223 min read
How are unusual trade marks faring at the EU General Court?
Two EU General Court judgments on unconventional trade marks (Jet washer tips and smiley faced chips) led to two different outcomes.


Rosie Burbidge
Dec 22, 20225 min read
A year in blogs - bad faith, NFTs, TV characters, colour marks, damages & more...
From bad faith trade marks to NFTs as goods (or services?), this post recaps the top 10 most popular blogposts of the year (and highlights


Rosie Burbidge
Nov 30, 20223 min read
Do human rights impact trade mark law?
A November 2022 judgment in the English High Court addressed the interesting question of the interaction between the Human Rights Act and...


Rosie Burbidge
Nov 30, 20223 min read
How to interpret an IP royalty audit clause?
Paddington Bear may be well known as an amiable character but a dispute over merchandising revenue has revealed some hidden tensions


Rosie Burbidge
Nov 24, 20222 min read
When is a design solely dictated by technical function?
When is a registered design “solely dictated by its technical function”? And how relevant is the existence of a prior patent?


Rosie Burbidge
Nov 23, 20223 min read
SHOPIFY v SHOPPI: What are the risks of a weak trade mark?
The EU General Court has upheld a finding of no likelihood of confusion between an EU trade mark for Shoppi (figurative, pictured) and...


Rosie Burbidge
Nov 23, 20223 min read
When is a TM registration made in bad faith?
In June 2022, we reported on a judgment striking out aspects of Tesco’s counterclaim in its trade mark dispute with rival supermarket...


Rosie Burbidge
Nov 22, 20223 min read
When is relabelling trade mark infringement?
The Court of Justice of the EU (CJEU) has clarified the application of the so-called BMS conditions on repackaging and relabelling in a...


Rosie Burbidge
Oct 28, 20223 min read
How do you calculate counterfactual damages?
Miss Charlotte May KC, sitting as a Deputy High Court Judge, has made a detailed calculation of damages due for infringement of a patent...


Rosie Burbidge
Oct 28, 20223 min read
Can infringing tester products be destroyed?
Goods such as "testers" that are put on the market without the IP right holder’s consent may be destroyed, even if they were not...


Rosie Burbidge
Oct 28, 20223 min read
How connected are infringement and invalidity actions?
The Court of Justice of the EU has ruled on an interesting but unusual question, namely: can an EU trade mark court rule on the validity...


Rosie Burbidge
Oct 28, 20223 min read
Do IR holders need a UK representative?
Holders of IRs designating the UK should appoint a UK representative to ensure that no important UKIPO communications are missed


Rosie Burbidge
Oct 28, 20223 min read
Destroy evidence? Prepare to be found in contempt
A UK solicitor has been ordered to pay a substantial fine and costs after being found guilty of contempt of court after he told a client...


Rosie Burbidge
Oct 28, 20222 min read
Does a historical novel infringe copyright?
A novel, “The Secrets We Kept”, by Lara Prescott, does not infringe copyright in a non-fiction, historical book called “Lara”


Rosie Burbidge
Oct 27, 20222 min read
Are IP rights protected by the ECHR?
The European Court of Human Rights (ECtHR) has upheld a complaint by a copyright owner, in a rare intersection of human rights and IP law


Rosie Burbidge
Oct 26, 20223 min read
Has LV’s chequerboard trade mark acquired distinctiveness?
Louis Vuitton suffered a further setback in relation to its figurative trade mark (pictured) for a chequerboard pattern after the EU...


Rosie Burbidge
Oct 14, 20223 min read
When is an interim injunction appropriate in design cases?
What's the scope of an injunction for unregistered designs for bumpers for VW Transporter vans?


Rosie Burbidge
Sep 29, 20223 min read
When is an agreement void for common mistake?
A trade mark dispute about hand made footwear. This case clarifies the law on common mistake.


Rosie Burbidge
Sep 29, 20223 min read
When is a product a component part of a complex product?
The Advocate General (AG) of the EU Court of Justice (CJEU) has addressed one of the thorny issues in EU design law in a case involving a...


Rosie Burbidge
Sep 29, 20223 min read
When is an interim injunction appropriate in passing off cases?
Mr Justice Mellor has declined to grant an interim injunction in a passing off case concerning vodka bottles. The case was brought by Au...
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