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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
Mar 14, 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 22, 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 20, 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 15, 20233 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 10, 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 3, 20232 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
Feb 1, 20233 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 31, 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, 20232 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 30, 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 29, 20233 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?

Rosie Burbidge
Jan 22, 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
Jan 6, 20232 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, 20224 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, 20222 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, 20223 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
Dec 22, 20225 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 30, 20223 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 24, 20222 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
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