Rosie Burbidge
China joins the Hague System
China has been steadily overhauling its IP system for well over a decade. Last week, in the latest development, China joined WIPO’s Hague...
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Rosie Burbidge
- Feb 27, 2022
- 2 min
When does an arbitration clause apply to trade mark infringement proceedings?
The Court of Appeal recently found that a company which had acquired the BEVERLY HILLS POLO CLUB trade marks was bound by an arbitration...
Rosie Burbidge
- Feb 27, 2022
- 2 min
What do you think of the UK designs system?
The UK Intellectual Property Office (UKIPO) has launched a call for views on the designs system. It says this will “help us better...
Rosie Burbidge
- Feb 27, 2022
- 2 min
What is the Unitary Patent and why does it matter to you?
The unitary patent represents the biggest change to the IP landscape in Europe since the Community Trade Mark (now EUTM). Even if you’re...
Rosie Burbidge
- Feb 27, 2022
- 2 min
How should an IP licence agreement be interpreted?
What happens when two parties cannot agree about the interpretation of an IP licence agreement? This question was recently examined by...
Rosie Burbidge
- Jan 29, 2022
- 2 min
Can UK courts grant pan-EU injunctions in proceedings began pre-Brexit ?
In short, yes: the UK courts can grant a pan-EU injunction in proceedings that were pending on 31 December 2020, the day the UK left the...
Rosie Burbidge
- Jan 29, 2022
- 2 min
What's the risk of filing a takedown notice?
A legal action for unjustified threats is a serious risk that trade mark owners run when making allegations of infringement, including by...
Rosie Burbidge
- Jan 12, 2022
- 2 min
When is purchasing an old trade mark a good idea?
Trade mark infringement, honest concurrent use and so-called “moribund marks” were the focus of an interim decision in a case concerning...
Rosie Burbidge
- Jan 12, 2022
- 2 min
What's a website blocking order and why is it useful?
Nintendo was granted an early Christmas present by the Honourable Mrs Justice Joanna Smith DBE - a website blocking order (Nintendo Co...
Rosie Burbidge
- Jan 12, 2022
- 3 min
How do you interpret a copyright contract?
The Court of Appeal has upheld a ruling by HHJ Hacon in the IPEC (first covered on the blog here) that copyright in a number of literary...
Rosie Burbidge
- Sep 29, 2021
- 4 min
Rare defeat for easyGroup
easyGroup, which owns the IP rights for companies such as easyJet and easyHotel, has been active, and largely successful, in bringing...
Rosie Burbidge
- Sep 29, 2021
- 2 min
The rudimental rules of copyright infringement
The popular song Waiting All Night by the band Rudimental was not copied from a 2007 song Can You Tell Me, performed by Kelly-Marie...
Rosie Burbidge
- Sep 29, 2021
- 2 min
Court of Appeal divided over disclosure
Can confidential discussions between parties in the UK be disclosed in parallel litigation in the US? The Court of Appeal was divided on...
Rosie Burbidge
- Sep 29, 2021
- 2 min
Speedy justice in design case
In what may be a record for an IP case in the UK, the trial in Lutec (UK) Ltd & Ors v Cascade Holdings Ltd & Anor [2021] EWHC 1907 (Pat)...
Rosie Burbidge
- Sep 2, 2021
- 3 min
Cheers to a rare EAGLE trade mark decision
This Court of Appeal decision is a helpful reminder that a lack of evidence of actual confusion is not necessarily fatal to a finding of...
Rosie Burbidge
- Sep 2, 2021
- 3 min
Descriptive marks beware: Judge rejects Oatly trade mark case
Oatly has hit a brick wall in its attempt to stop third parties from selling oat milk using the word "OAT" plus the letter "Y". A...
Rosie Burbidge
- Sep 2, 2021
- 2 min
LITECOIN - crypto trade mark application is passing off
An application to register a trade mark can constitute passing off, according to a recent judgment by Deputy High Court Judge John...
Rosie Burbidge
- Sep 2, 2021
- 1 min
The post-Brexit clock is ticking - don't miss out!
We first wrote about the impact of Brexit on UK trade marks over a year ago. We are now over 6 months in since the UK's departure from...
Rosie Burbidge
- Aug 5, 2021
- 3 min
SKY brings good news for broad trade marks
A common trade mark filing strategy in the UK and EU is to file a broad trade mark specification. A broad specification makes enforcement...
Rosie Burbidge
- Jun 23, 2021
- 2 min
Is Cybersquatting a big problem?
In short, "yes". Cybersquatters are a growing threat to brands. This trend has accelerated as e-commerce grows and consumers spend more...
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