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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


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
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