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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 23, 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
Nov 22, 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, 20223 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 28, 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 27, 20222 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 26, 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
Oct 14, 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...

Rosie Burbidge
Sep 29, 20223 min read


Geographical Indications: What are the latest developments?
The protection of terms which indicate the geographical origin of goods, whether as Geographical Indications (GIs), or otherwise is an...

Rosie Burbidge
Sep 25, 20223 min read


Does the use of Amazon’s IPR procedure amount to a threat?
The complaints procedures offered by online marketplaces can be effective mechanisms for the removal of IP-infringing goods. However, as...

Rosie Burbidge
Sep 1, 20222 min read


Is a water resistance rowing machine a work of artistic craftsmanship?
Deputy High Court Judge David Stone has ruled that the the question of whether a WaterRower water resistance rowing machine (pictured) is...

Rosie Burbidge
Aug 31, 20223 min read


Who is liable when YouTube collaborators split?
The problems that can arise when business partners fall out were illustrated by the recent judgment in Costa v DissociaDID Ltd & Anor. In...

Rosie Burbidge
Aug 31, 20223 min read


What does trade mark ‘targeting” mean?
The question of whether an advertisement or offer for sale “targets” consumers in a particular jurisdiction is critical in trade mark...

Rosie Burbidge
Aug 31, 20223 min read


How do you assess unfair advantage?
The High Court has upheld a UK IPO finding that the registration of a UK trade mark for RED DAWG should be refused under Section 5(3) of...

Rosie Burbidge
Aug 31, 20222 min read


When can a colour be a trade mark?
There has been a further court decision arising from Cadbury’s attempt to register UK trade marks for the colour purple in class 30. In...

Rosie Burbidge
Aug 8, 20223 min read


Are NFTs goods?
The EUIPO has published guidance on how virtual goods and non-fungible tokens (NFTs) should be classified, a question that has caused a...

Rosie Burbidge
Jul 22, 20221 min read


What are the costs caps at the IPEC?
Exciting news for IP litigants in the UK! The costs caps at the Intellectual Property Enterprise Court (IPEC) will increase, following a...

Rosie Burbidge
Jul 22, 20221 min read


Are changes to UK design law coming?
The UK government published its response to the call for views on reviewing the designs framework in the UK on 12 July 2022. In short,...

Rosie Burbidge
Jul 22, 20222 min read
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