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Hacked – IAAF victim of cyber-attack compromising athlete data

Published on 10 Apr 2017.

The International Association of Athletics Federations (IAAF) has been subject to a data breach – allegedly by Russian hacking group Fancy Bears - potentially compromising the sensitive data of a number of athletes.

Eleven more charities fined by ICO in 'wealth screening' probe

Published on 07 Apr 2017.

The ICO has fined a further eleven charities following an investigation that revealed widespread misuse of donors' personal data.

Sleeve sponsorship – a new trick up the sleeve for Premier League teams

Published on 03 Apr 2017. By Joseph Byrne, Senior Associate

The blog provides an insight into the consequences arising from the introduction of sleeve sponsors to the Premier League, with a particular focus on club's existing commercial arrangements and deals that are being negotiated/will be negotiated.

Digital comparison tools: the CMA decides against a market investigation reference

Published on 30 Mar 2017. By Melanie Musgrave, Of Counsel

Six months after the CMA launched its market study into digital comparison tools, it has decided not to make a market investigation reference, but will focus on four areas of possible concern in a second phase of its market study.

Blockchain technology for contracts: Above the law?

Published on 23 Mar 2017.

A recent report by the European Parliamentary Research Service (EPRS) explores how blockchain technology could continue to develop and impact on a number of key areas of everyday business and life in general. One area explored by the EPRS report relates to the use of blockchain for so-called 'smart contracts'.

Secret 'wealth-screening' by charities breaks data laws

Published on 20 Mar 2017.

An ICO investigation into charity fundraising practices has led to two charities being fined and eleven being issued with Notices of Intent to fine.

Italian data protection authority issues fines totalling more than €11m for illegal data processing

Published on 14 Mar 2017.

The fines are thought to be the highest ever issued by a European data protection authority.

Licensees beware - SAP wins victory against Diageo for breach of software licence agreement

Published on 08 Mar 2017.

In a significant ruling for software customers and providers, the High Court found that Diageo breached the "Named User" pricing mechanism of its software licence agreement with SAP.

Court of Appeal rejects claim for misuse of confidential information in TV format

Published on 27 Feb 2017.

The Court of Appeal has confirmed a decision that confidential information was not misused by a large telecommunications organisation when it developed a television programme format with multiple similarities to one pitched to (and rejected by) it by individuals from the music industry a year previously.

Couple awarded £17,000 damages for distress caused by neighbour's CCTV surveillance

Published on 22 Feb 2017.

The compensation is an example of the rise of "distress" claims as a result of breaches of the Data Protection Act 1998 (DPA).

A punishment to fit the crime – CJEU allows punitive damages in IP infringement cases

Published on 22 Feb 2017. By Ben Mark, Partner

In a recent decision, the Court of Justice of the EU (CJEU) ruled that the EU Enforcement Directive does not preclude the legal provision of punitive damages in infringement cases in EU Member States.

The Survey Says! EU General Court decides on requirements for evidence on distinctive character

Published on 03 Feb 2017.

A decision by the General Court highlights the requirement for comprehensive evidence of genuine use when seeking to prove acquired distinctiveness in relation to 3D marks in the EU.

Going for Gold: A New Code for Sports Governance

Published on 30 Jan 2017. By Joshua Charalambous, Partner

Any sports body or organisation that wishes to rely on public funding must now comply with a new Code for Sports Governance, and it requires preparation now.

TerraLex Cross-Border Copyright Guide 2017

Published on 19 Jan 2017.

We are delighted to present the TerraLex Cross-Border Guide to Copyright 2017.

Nvidia sweats over Hardware Labs' "threats"

Published on 19 Jan 2017. By Ciara Cullen, Partner

Nvidia’s attempt to bring a groundless threats action against Hardware Labs in the English High Court has failed.

Court of Appeal confirms criminal offences cover the sale of "grey" goods

Published on 15 Dec 2016. By David Cran, Partner, Head of IP & Tech

The Court of Appeal (Criminal Division) has recently confirmed that the sale of "grey" goods can be a criminal offence under the Trade Marks Act 1994 (TMA).

Confidential information "oiled" progress of new product development

Published on 14 Dec 2016. By Louise Morgan, Senior Associate and David Cran, Partner, Head of IP & Tech

When is information confidential? A recent case gave cause for the English High Court to clarify.

Investigatory Powers Act gets royal assent

Published on 02 Dec 2016.

This week, the Queen gave royal assent to the Investigatory Powers Bill (aka "The Snoopers Charter"), marking the end of the controversial bill's passage into law.

Online Sales and Price-Fixing

Published on 01 Dec 2016. By Melanie Musgrave, Of Counsel

The CMA recently issued a warning to online retailers against price-fixing and using automated re-pricing software to facilitate such arrangements.

Chelsea swap Adidas for £900m Nike deal

Published on 28 Oct 2016. By Joshua Charalambous, Partner

Chelsea FC and Nike have agreed the largest kit sponsorship/ supply agreement in the English Premier League worth £900m (£60m per year for 15 years). The announcement comes nearly 6 months after the Chelsea and Adidas kit sponsorship/supply agreement was terminated part way through a 10 year term.

Fair dealing defence in copyright infringement – a key summary

Published on 27 Oct 2016. By Joshua Charalambous, Partner

A recent key decision on fair dealing defence impacts reporting current events in copyright infringement claims.

Digital comparison tools under review

Published on 12 Oct 2016. By Melanie Musgrave, Of Counsel

The UK's CMA has launched a market study into price comparison tools, such as price comparison websites and smartphone apps. The aim is to establish what action, if any, is required to improve how this market works. The CMA has until 28 March 2017 to decide whether to open an in-depth market investigation.

15% increase in counterfeit goods seized in 2015

Published on 11 Oct 2016. By David Cran, Partner, Head of IP & Tech and Ben Mark, Partner

According to the "Report on EU Customs Enforcement of Intellectual Property Rights: Results at the EU Border 2015", the number of goods that were detained at the EU's external borders for suspected infringement of an IP right grew by an estimated 15% in 2015 compared with 2014.

ICO issues record £400,000 fine for TalkTalk data breach

Published on 11 Oct 2016.

The record fine is an indication that the new Information Commissioner, Elizabeth Denham, is looking to take a robust approach to enforcement ahead of the introduction of the GDPR in May 2018.

ASA - Advertising to children: Inappropriate targeting

Published on 03 Oct 2016. By Oliver Bray, Senior Partner

Will an age warning be enough if placed before a scary ad?

FAPL v Wells: High Court orders Norwich Pharmacal Relief Against Publicans Screening Premier League Matches Without Permission

Published on 29 Sep 2016.

In this article for Entertainment Law Review first published in June 2016, Andrew Crystal and Joshua Charalambous discuss Snowden J's decision in the Football Association Premier League Limited -v- Richard Alan Wells (& Ors) [2015] EWHC 3910 (Ch).

What do you know about hyperlinking to infringing content online?

Published on 28 Sep 2016.

CJEU clarifies position on linking to infringing content - here's what you need to know

Big data in insurance: The FCA offers its view

Published on 28 Sep 2016. By Mark Crichard, Partner

Last week the FCA published a feedback statement on the use of big data in the retail general insurance sector. Its findings are likely to come as welcome news to insurers who are keen to exploit the advantages that big data can offer.

Copyright test match

Published on 22 Sep 2016.

Copyright test match—High Court provides guidance on substantiality and fair dealing in relation to sports clips

How ISP blocking orders provide a new and welcome form of redress against e-commerce counterfeiting

Published on 21 Sep 2016. By Ciara Cullen, Partner

Ciara Cullen, Partner in IP and Technology, tackles the topic of counterfeiting online, how it's impacting sectors such as retail and pharmaceuticals, and the new remedy available to brand owners.

Blocking the blockers: EU prohibits network-wide ad-blocking

Published on 12 Sep 2016. By Oliver Bray, Senior Partner

Mobile phone operators' plans to introduce network-wide ad-blocking technology are in jeopardy following new guidance from EU telecoms regulators, a move which highlights the divide between content providers and telecoms companies in their attitude towards ad-free content.

Sponsors drop lying Lochte - the fallout from Rio 2016

Published on 24 Aug 2016. By Jeremy Drew, Partner, Head of Commercial and Joshua Charalambous, Partner

Importance of anti-embarrassment clauses highlighted by US Olympic swimmer Ryan Lochte being dropped by sponsors, including Speedo and Ralph Lauren.

Drones: don't fly out of bounds (legally)

Published on 27 Jul 2016.

Various commercial industries have already woken up to the myriad opportunities offered by drone technologies. Whilst the regulatory regime evolves, it is important that companies don’t fall foul of the law.

China’s richest man strikes deal to host new global football tournament

Published on 21 Jul 2016. By Joshua Charalambous, Partner

Earlier this month, it was reported that the Dalian Wanda Group planned to create a European club tournament to rival the UEFA Champions League.

Price fixing online – a new competition authority warning

Published on 18 Jul 2016. By Melanie Musgrave, Of Counsel

The UK's Competition and Markets Authority ("CMA") has released an open letter to suppliers and retailers warning against online practices which constitute price fixing.

ISPs' appeal is "blocked" 

Published on 06 Jul 2016. By Ben Mark, Partner and David Cran, Partner, Head of IP & Tech

In a judgment handed down today, the Court of Appeal, led by Lord Justice Kitchin, has overwhelmingly rejected the appeal by the five largest ISPs and upheld the High Court decision to grant Richemont a blocking order requiring those ISPs in the UK to prevent access to various third party websites from advertising and selling goods which infringe Richemont's trade mark rights.

Brexit - a legal analysis: IP rights

Published on 28 Jun 2016.

IP rights in the UK are all influenced and moulded to a greater or lesser degree by European law.

The secret's out! EU trade secrets directive to come into force 6 July 2016

Published on 16 Jun 2016. By David Cran, Partner, Head of IP & Tech and Louise Morgan, Senior Associate

House of Fraser held to account by Jack Wills

Published on 07 Jun 2016. By Jeremy Drew, Partner, Head of Commercial and Georgia Davis, Of Counsel

Comic Enterprises remains gleeful as CofA upholds series marks

Published on 31 May 2016. By Ciara Cullen, Partner and Louise Morgan, Senior Associate

The Court of Appeal recently ruled on an outstanding aspect of the appeal brought by Twentieth Century Fox in the "Glee" trade mark dispute.

World eSports Association formed

Published on 26 May 2016. By Joshua Charalambous, Partner

A new governing association was formed this month by the Electronic Sports League (“ESL”) and a number of eSports teams.

FIFA’s Member Associations approve package of reforms

Published on 16 May 2016.

“FIFA is currently going through the worst crisis of its history. The current crisis should also be considered as a unique opportunity for FIFA to renew itself.”

Move to unified European regime as trade secrets directive adopted by EU Parliament

Published on 25 Apr 2016. By David Cran, Partner, Head of IP & Tech and Louise Morgan, Senior Associate

Earlier this month, on 14 April 2016, the draft European Directive on the protection of trade secrets against their unlawful acquisition, use and disclosure was passed by the European Parliament (EP) at a first reading.

ICO updates Direct Marketing Guidance

Published on 04 Apr 2016.

On 24 March 2016 the Information Commissioner's Office (ICO) published a long-awaited update to its Direct Marketing Guidance (the Guidance).

CofA injuncts revelation of celebrity's extramarital threesome

Published on 23 Mar 2016. By Alex Wilson, Partner

The Court of Appeal has granted a privacy injunction (its first since 2011) to prevent the Sun on Sunday revealing details of a well-known entertainer’s extramarital threesome (PJS v News Group Newspapers Ltd [2016] EWCA Civ 100).

Supreme Court sends Trunki packing for good

Published on 21 Mar 2016. By Jeremy Drew, Partner, Head of Commercial

In the latest instalment of the ongoing saga involving the Trunki case, the Supreme Court has unanimously dismissed the appeal filed by Magmatic.

Pirates and popcorn: rise of site-blocking injunctions in EU

Published on 18 Mar 2016. By David Cran, Partner, Head of IP & Tech and Ben Mark, Partner

Whilst obtaining blocking injunctions against internet service providers (ISPs) have become an established practice in the UK, particularly within the film and music industry, the position is less clear cut elsewhere in the EU.

Comic Enterprises feel gleeful after CofA upholds trade mark infringement

Published on 01 Mar 2016. By David Cran, Partner, Head of IP & Tech and Louise Morgan, Senior Associate

This recent hearing is the latest instalment in the "Glee" trade mark dispute between Comic Enterprises and Twentieth Century Fox.

TerraLex Cross-Border Copyright Guide 2016

Published on 19 Feb 2016. By Jeremy Drew, Partner, Head of Commercial and David Cran, Partner, Head of IP & Tech

We are delighted to present our Cross-Border Copyright Guide 2016.

EC's 2015 comms on copyright– appetiser to 2016's main course

Published on 09 Feb 2016. By Jeremy Drew, Partner, Head of Commercial and Ciara Cullen, Partner

As part of its Digital Single Market Strategy the European Commission released a Communication entitled "Towards a modern, more European copyright framework" on 9 December 2015.