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 BurbidgeSep 2, 20211 minThe 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 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 BurbidgeJun 23, 20212 minIs 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...
Rosie BurbidgeJun 14, 20211 minHave your say about the exhaustion of IP rights in the UKAn integral part of the UK intellectual property system has been a focus on balancing creator protection with fair competition and...
Rosie BurbidgeJun 14, 20212 minWhat does MADE IN BRITAIN mean?After the many logistical issues posed by both Brexit and the pandemic and with sustainability at the forefront of everyone's mind, it is...
Rosie BurbidgeMay 28, 20212 minJudge backs employees in trade secrets contract caseThe High Court has recently provided guidance for employees in relation to the Recast Brussels Regulation. This guidance can be neatly...
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, 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 BurbidgeApr 21, 20212 minNo penalty clause in IP Settlement Agreement: royalty clawback & 6 figure lump sum payment permittedA judge in the Patents Court has ruled that terms concerning the ownership and validity of IP rights in a settlement agreement were not...
Rosie BurbidgeApr 17, 20212 minCRYPTOBACK: Blockchain crypto trademark survives validity attackThe IP Enterprise Court (IPEC) has enabled smaller businesses to fight back against perceived intellectual property (IP) injustices. Its...
Rosie BurbidgeFeb 23, 20212 minInfluencers are advertising... and the ASA is watchingInfluencers are advertisers. This has been clear for some time. But now influencers are trending for the wrong reasons as the Advertising...
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 BurbidgeJan 19, 20213 minLegal Innovation = Microsoft Office?Legal innovation is often equated with one of the incredible new AI tools that are unveiled at tech events on a regular basis. However,...