Rosie Burbidge
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...
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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
- 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
- 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...
Rosie Burbidge
- Jun 14, 2021
- 2 min
What 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 Burbidge
- May 28, 2021
- 2 min
Judge backs employees in trade secrets contract case
The High Court has recently provided guidance for employees in relation to the Recast Brussels Regulation. This guidance can be neatly...
Rosie Burbidge
- May 1, 2021
- 2 min
Database extraction was authorised
This was a complex dispute concerning a claims management database. It involved alleged infringement of a database right, misuse of...
Rosie Burbidge
- May 1, 2021
- 3 min
Which 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 Burbidge
- Apr 17, 2021
- 2 min
CRYPTOBACK: Blockchain crypto trademark survives validity attack
The IP Enterprise Court (IPEC) has enabled smaller businesses to fight back against perceived intellectual property (IP) injustices. Its...
Rosie Burbidge
- Mar 9, 2021
- 2 min
Who 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 Burbidge
- Feb 23, 2021
- 2 min
Influencers are advertising... and the ASA is watching
Influencers are advertisers. This has been clear for some time. But now influencers are trending for the wrong reasons as the Advertising...
Rosie Burbidge
- Feb 22, 2021
- 3 min
Targeting 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...
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© 2024 in the images and text by Rosie Burbidge
All content on this website is provided for your personal edification and delectation but it does not constitute legal advice. If you would like legal advice regarding any of the issues raised on this site, please contact Rosie Burbidge: rosie.burbidge@gunnercooke.com
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