Rosie BurbidgeNov 24, 20222 minWhen 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 BurbidgeNov 23, 20223 minWhen 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 BurbidgeNov 22, 20223 minWhen 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 BurbidgeOct 28, 20223 minHow 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...