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Who owns goodwill in The Rubettes?
The 1970s band The Rubettes, known for the song “Sugar Baby Love”, were at the centre of a passing off judgment this month (Alan Williams...

Rosie Burbidge
Jul 22, 20223 min read


Does Manolo Blahnik decision mark a turning-point in China?
The UK-based fashion brand Manolo Blahnik has successfully invalidated a trade mark registration incorporating its name in China,...

Rosie Burbidge
Jul 22, 20222 min read


Can you change a claim from profits to damages?
Successful claimants in litigation in the UK can normally choose between (i) an account of profits and (ii) an inquiry as to damages. But...

Rosie Burbidge
Jul 22, 20223 min read


Can you register THE as a trade mark?
Can you register THE in relation to clothing as a trade mark in the United States? After nearly three years of trying, Ohio State...

Rosie Burbidge
Jul 22, 20222 min read


When is a successful party entitled to an award of costs?
As many readers will recall, Ed Sheeran was successful in his recent copyright case against Sami Chokri and others, after the judge – Mr...

Rosie Burbidge
Jul 7, 20223 min read


When should a case be transferred to the IPEC?
The question of whether a trade mark infringement case should be transferred from or to the IP Enterprise Court (IPEC) remains a key...

Rosie Burbidge
Jun 27, 20222 min read


What is the cost of resisting orders in the IPEC?
In a blog post last year, we reported on the IPEC judgment in Wirex v Cryptocarbon Global concerning infringement of the trade mark...

Rosie Burbidge
Jun 27, 20222 min read


When can you get a trade mark survey & where is the line for bad faith?
Lidl has won the first skirmish in its trade mark infringement case against Tesco concerning the latter’s use of a yellow circle on a...

Rosie Burbidge
Jun 22, 20223 min read


How does the High Court treat appeals from the UK IPO?
A recent High Court judgement concerning the TIK TOK trade mark shows the difficulty of overturning decisions of a UK IPO Hearing Officer...

Rosie Burbidge
Jun 20, 20223 min read


Can a TV character be protected by copyright?
An interactive dining show titled “Only Fools the (cushty) Dining Experience” (OFDE) infringed copyright in the popular TV comedy “Only...

Rosie Burbidge
Jun 20, 20222 min read


Is a warning letter all you need to avoid acquiescence?
The EU Court of Justice (CJEU) has answered questions referred from Germany concerning the concept of “acquiescence” in European trade...

Rosie Burbidge
May 28, 20223 min read


Why does Muzmatch infringe Match?
The use of the sign Muzmatch in a dating website and app, as well as keywords featuring the word “match”, infringed trade marks for Match...

Rosie Burbidge
May 27, 20223 min read


Why did easyGroup lose the EASYOFFICE case?
easyGroup has successfully enforced trade marks with the EASY prefix in many courtrooms over the years. It even places posters on the...

Rosie Burbidge
May 27, 20223 min read


Do smartwatch apps infringe Swatch trade marks?
In a High Court judgment on 20 May 2022, Mrs Justice Falk found that Samsung had infringed a large number of trade marks owned by members...

Rosie Burbidge
May 27, 20223 min read


Does scariness amount to detriment?
A fascinating recent judgment by Recorder Amanda Michaels concerned allegations that UK and EU trade marks for FUNTIME, FUN TIME and...

Rosie Burbidge
May 27, 20222 min read


What does Brexit mean for EUTMs?
Brexit may be “done” after the end of the transition period on 31 December 2020, but its impact is continuing to be felt in a number of...

Rosie Burbidge
Apr 25, 20223 min read


What is the bar for summary judgment?
A recent application for summary judgment in a trade mark case in the IPEC was right on the cusp of being successful. The case was NAH...

Rosie Burbidge
Apr 25, 20222 min read


What are the consequences of falsifying evidence?
An recent case concerning the infringement of registered designs for furniture was notable for a finding of dishonesty on the part of the...

Rosie Burbidge
Apr 25, 20222 min read


How do you prove design infringement?
Boot designer Fairfax & Favor (F&F) has won a design infringement case against House of Bruar, a Scottish fashion retailer in the IPEC....

Rosie Burbidge
Apr 10, 20223 min read


Would you associate WONDER MUM with WONDER WOMAN?
A judge in the High Court has upheld a UK IPO opposition ruling regarding Unilever’s application to register the trade mark WONDER MUM...

Rosie Burbidge
Mar 20, 20223 min read


What do you need to do before picking a new brand name?
The risk of not doing any kind of trade mark search before launching a new business was clear in a recent IPEC case in which His Honour...

Rosie Burbidge
Mar 20, 20223 min read


When is confidential information misused?
Confidential information – which can include databases, sales figures, spreadsheets – is often an extremely valuable part of modern...

Rosie Burbidge
Mar 20, 20223 min read


Where is the line for prior art and registered designs?
The UK's IP Enterprise Court (IPEC) has recently been pondering existential questions relating to design rights. The case is Erol v Posh...

Rosie Burbidge
Mar 6, 20222 min read


When must a document be disclosed in copyright proceedings?
As part of the extensive copyright litigation over the popular song ‘Shape of You’ by Ed Sheeran, the defendants (Sami Chokri and others)...

Rosie Burbidge
Mar 6, 20222 min read
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