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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 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
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...
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