Rosie BurbidgeFeb 272 minHow 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 BurbidgeJan 292 minCan 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 BurbidgeJan 292 minWhat'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 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 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 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 BurbidgeMar 9, 20211 minEUIPO sees rise in trade mark filings in 2020 despite pandemic We are all aware that the pandemic hasn't necessarily led to a decrease of work across the board. One group of people who have been...
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...