Rosie BurbidgeSep 29, 20214 minRare defeat for easyGroupeasyGroup, which owns the IP rights for companies such as easyJet and easyHotel, has been active, and largely successful, in bringing...
Rosie BurbidgeSep 29, 20212 minThe rudimental rules of copyright infringementThe 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 BurbidgeSep 29, 20212 minCourt of Appeal divided over disclosureCan confidential discussions between parties in the UK be disclosed in parallel litigation in the US? The Court of Appeal was divided on...
Rosie BurbidgeSep 29, 20212 minSpeedy justice in design caseIn 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 BurbidgeSep 2, 20213 minCheers to a rare EAGLE trade mark decisionThis 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 BurbidgeSep 2, 20213 minDescriptive marks beware: Judge rejects Oatly trade mark caseOatly 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 BurbidgeSep 2, 20212 minLITECOIN - crypto trade mark application is passing offAn application to register a trade mark can constitute passing off, according to a recent judgment by Deputy High Court Judge John...
Rosie BurbidgeAug 5, 20213 minSKY brings good news for broad trade marksA common trade mark filing strategy in the UK and EU is to file a broad trade mark specification. A broad specification makes enforcement...
Rosie BurbidgeMay 11, 20212 minChanel and Huawei logos are dissimilarThe EU General Court has upheld a Board of Appeal ruling in a dispute between Chanel and Huawei, finding that Huawei’s EUTM application...
Rosie BurbidgeMay 1, 20212 minDatabase extraction was authorisedThis was a complex dispute concerning a claims management database. It involved alleged infringement of a database right, misuse of...
Rosie BurbidgeMay 1, 20213 minWhich IP rights subsist in an XML Schema?Disputes relating to software are often complex, with multiple parties and issues involved. However, they can also illuminate important...
Rosie BurbidgeMar 9, 20212 minWho owns copyright works that an employee creates at home? One of the highlights of the pandemic has been the opportunity to catch up on a lifetime's worth of TV. Fortunately, there are some truly...
Rosie BurbidgeFeb 22, 20213 minTargeting and trade marks - Beverly Hills Polo Club takes on the Amazon When is an online marketplace “targeting” consumers in a particular jurisdiction? This was the question that Mr Justice Michael Green...
Rosie BurbidgeAug 19, 20202 minSmells like IP infringement?The fashion industry is no stranger to IP disputes. In the last year, The IPKat has written about disputes involving Zara, Nike and Nike...
Rosie BurbidgeAug 19, 20202 minHow do you get copyright protection?Throughout Europe, and indeed in most jurisdictions worldwide, copyright arises automatically upon the creation of the work. Copyright is...
Rosie BurbidgeAug 19, 20201 minIntellectual property rights - it's never too early to think about themFashion is built on intellectual property rights. The brand is protected by trade marks. The clothing and accessory design by design...
Rosie BurbidgeAug 19, 20201 minIntroducing intellectual propertyWithout intellectual property rights it would be virtually impossible for the European fashion industry to continue. These rights enable...