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Neat infringement claim leaves whiskey competitor’s trade mark on the rocks
The producers of Eagle Rare bourbon whiskey have succeeded in their trade mark infringement claim against competitor, American Eagle. The case highlights the impact of market-specific context in determining whether consumers are likely to be confused by similar trade marks. Whilst the case has general relevance, it will be of specific interest to alcohol and luxury goods brands.
Read moreCopyright: Online platform operators’ liability for users illegally uploading copyright material
C-682/18 Frank Peterson v Google LLC and others and C 683/18 Elsevier Inc. v Cyando AG EU:C:2020:586 – A-G opinion
Read moreToo many cooks… 'Fit Kitchen' trade mark infringed
On 29 July, Fit Kitchen Limited (FKL) won its case for trade mark infringement and passing off against Scratch Meals Limited (SML). Both FKL and SML provide healthy pre-prepared meals: FKL via an online subscription site, which allows users to customise meal choices, based on their individual macros and dietary preferences and SML, through the manufacture and sale of products to supermarkets.
Read moreBritish Gymnastics lands well in trade mark infringement proceedings
The national governing body (NGB) for Gymnastics in Britain has succeeded in trade mark infringement and passing off proceedings against an organisation using the sign “UK Gymnastics”, in a Judgment which is likely to assist several Sport England and UK Sport-funded NGBs. In particular, it shows how to deal with organisations using signs which suggest they are an NGB (when they are not).
Read moreSega’s early win against Man Utd in Football Manager trade mark case
As first published by leading sports law resource LawInSport, Jeremy Drew and Samuel Coppard discuss Man United’s trade mark infringement proceedings against Sega and Sports Interactive in relation to Football Manager.
Read more'Nosecco' is a no-no, says the High Court
In recent years, health and wellbeing has been big business in the UK. The COVID-19 outbreak has only further stoked the desire to obtain and maintain healthy minds and bodies and the trend looks set to continue, across the retail sector.
Read moreLuxury and online marketplaces - the next chapter (Coty v Amazon)
On 2 April 2020, the CJEU ruled that storing infringing goods on behalf of a third-party seller, without knowing that those goods infringe trade mark rights does not constitute infringement, provided that the storing party does not pursue the aim of offering the goods for sale or putting them on the market.
Read moreLandmark case sees trade mark specifications cut down on grounds of bad faith.
Today, the High Court handed down judgment in Sky v SkyKick. The judgment follows the CJEU's 29 January 2020 decision, which answered various questions that the High Court had referred to it, back in June 2018.
Read moreCOVID-19 prompts changes to working arrangements for the Court of Justice of the European Union
Prompted by the COVID-19 pandemic, the CJEU announced, on 19 March 2020, that it will be temporarily changing its working arrangements.
Read moreEUIPO issues clarification on COVID-19 extension of time for trade mark and design proceedings
The EUIPO has issued a clarification in respect of Decision No EX-20-3 noting that the extension of deadlines in trade mark and design EUIPO proceedings to 1 May 2020 applies automatically.
Read moreSo Long Blues
Following our previous IP hub update, Glaxo has suffered fresh survey woes.
Read more15% increase in counterfeit goods seized in 2015
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.
Read moreThe Times recognises RPC among Best Law Firms 2024
International law firm, RPC, has been recognised by The Times in its Best Law Firms 2024 report, an annual ranking of the top 250 law firms in England and Wales.
Read moreA matter of interpretation – the Supreme Court look at contractual interpretation once more
In their recent Judgment in Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retails Ltd [2023] UKSC 2 the Supreme Court adopted a commercially balanced interpretation of a lease; rejecting the overly textual approach of the Court of Appeal in favour of reading the relevant clause in the context of the lease as a whole.
Read moreNo bouncing back for directors
Banned! Fraudsters! – Terms used by the Insolvency Service for directors who abused the government backed loan scheme which was put in place to help businesses struggling during the pandemic.
Read moreAll is not (necessarily) lost: Crypto crime recovery
With over 2 million people in the UK now holding and using cryptocurrency, and the Chancellor announcing that a government backed non-fungible token ("NFT") is to be issued by the Royal Mint this summer, the market for crypto-assets is expected to continue to grow in the coming months and years; so much so that legislation is planned to implement a new regulatory regime for the crypto market.
Read moreFTT prevents HMRC from having two bites of the cherry!
In Lady Henrietta Pearson v HMRC [2014] UKFTT 890 (TC), the First-tier Tribunal (Tax Chamber) ('FTT') concluded that HMRC had "ignored" its previous decision by seeking to reduce the amount of a VAT refund which it had ordered HMRC make to Lady Henrietta Pearson ('the taxpayer').
Read moreGeneral Liability newsletter – July 2025
Welcome to the latest edition of our general liability newsletter. In this edition we look at the Personal Injury Discount rate, the Terrorism (Protection of Premises) Bill and the recent case of Williams-Henry v Associated British Ports you have any questions please get in contact with a member of the team.
Read moreMoney Covered: The Week That Was - 18 July 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreNon-bank firms, their directors and insurers: mind the (non-financial misconduct) gap!
Earlier this month the FCA published its final policy statement and consultation paper CP25/18 introducing a new rule, COCON 1.1.7R, extending existing rules on non-financial misconduct (NFM) from banks (only) to non-banking firms. The FCA has also made clear that firms will be required to report serious substantiated NFM to the FCA and include the same in regulatory references to prevent "rolling bad apples" within the industry.
Read moreInsurance Covered: Why does everyone ignore insurance? (Even though it's the answer for everything) (With Lorcan Hall)
Welcome to Insurance Covered, the podcast that covers everything insurance.
Read moreMoney Covered: The Week That Was - 11 July 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreAI-dentifying risks: ensuring trust: the new RICS standard
On 4 March 2025, the RICS ran a public consultation on its new professional standard, "Responsible use of AI 1st Edition" which ran until 29 April 2025. Members were asked to participate in order to help frame the way in which the RICS incorporates the use of AI in the industry.
Read moreSupreme Court resolves key construction and professional negligence issues in URS Corp Ltd v BDW Trading Ltd
The Supreme Court handed down its keenly awaited judgment in URS Corp Ltd v BDW Trading Ltd [2025] UKSC 21 on 21 May 2025. The dispute concerns whether a developer (BDW Trading Ltd) can recover the cost of remedying allegedly dangerous defects in two residential developments from the structural engineers (URS Corporation Ltd) responsible for their design. Our specialist construction insurance team consider the key points for insurers, brokers and professional consultants.
Read moreML Covered - July 2025
We are pleased to share our latest instalment of ML Covered, our monthly round-up of key events relevant to those dealing with Management Liability Policies covering D&O, EPL and PTL-type risks.
Read moreMoney Covered: The Week That Was - 4 July 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreBeyond the 'threshold'? A narrowing view of work equipment
We take a look at the case of George Morriss v London Borough of Hillingdon [2025] EWHC - In another significant ruling on liability for injuries sustained on public highways, the court reinforces the considerable evidentiary responsibility resting with claimants.
Read moreA look at insuring today's diversity (With Heidi McCormack)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode, Peter Mansfield is joined by Heidi McCormack, CEO at Emerald Life, to discuss the importance of diversity and inclusion in the insurance industry.
Read moreML Covered - June 2025
We are pleased to share our latest instalment of ML Covered, our monthly round-up of key events relevant to those dealing with Management Liability Policies covering D&O, EPL and PTL-type risks.
Read moreSurveying the risks: RICS proposed updates tackling financial crime
Financial crime is on the rise. In response to the new technologies criminals are using, such as AI and cryptocurrency, RICS launched a consultation calling on members, regulated firms and key stakeholders to respond to its consultation on proposed changes to "The Financial Crime Standard" (The RICS Countering Financial Crime: Bribery, Corruption, Money Laundering, Terrorist Financing, and Sanctions Violation Professional Standard).
Read moreMoney Covered: The Week That Was – 30 May 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreWarranty and Indemnity Insurance Q&A – Current Trends and What to Look Out For
The Asia Warranty and Indemnity (W&I) insurance market is expanding rapidly to meet demand as businesses and market participants become increasingly aware of the benefits that transactional insurance can offer. The dynamics in this space are everchanging – the incorporation of W&I in deals, insurers' expectations on the level of due diligence, terms of policies and level of coverage provided are all adapting to demand. This article highlights some recent trends we have encountered and factors to look out for in order to seize opportunities in current market conditions.
Read moreLliuya v RWE AG - Expanding climate impact litigation
The German court has today (28 May 2025) dismissed the long-running climate impact litigation case of Lliuya v RWE , heard before the Higher Regional Court of Hamm, Germany, between 17 and 19 March 2025.
Read moreMoney Covered: The Week That Was – 23 May 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreA look at Takaful insurance (With Wajahat Khawaja)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Wajahat Khawaja and the topic of discussion is Takaful, an Islamic form of insurance.
Read moreMoney Covered: The Week That Was – 16 May 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreCouncil liability in cases of personal injury suffered on public highways
We take a look at the case of George Morriss v London Borough of Hillingdon [2025] EWHC - In another significant ruling on liability for injuries sustained on public highways, the court reinforces the considerable evidentiary responsibility resting with claimants.
Read moreMoney Covered: The Week That Was – 9 May 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreML Covered - May 2025
We are pleased to share our latest instalment of ML Covered, our monthly round-up of key events relevant to those dealing with Management Liability Policies covering D&O, EPL and PTL-type risks.
Read moreMoney Covered: The Week That Was – 25 April 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreMoney Covered: The Week That Was – 17 April 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreInsurance Covered: A look at D&O insurance (With Natalie Graham)
Welcome to Insurance Covered, the podcast that covers everything insurance.
Read moreMoney Covered: The Week That Was – 11 April 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreML Covered - April 2025
We are pleased to share our latest instalment of ML Covered, our monthly round-up of key events relevant to those dealing with Management Liability Policies covering D&O, EPL and PTL-type risks.
Read moreMoney Covered: The Week That Was – 4 April 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreInsurance Covered: Navigating the world of insurance finance (With Stephen Brookson)
Welcome to Insurance Covered, the podcast that covers everything insurance.
Read moreMoney Covered: The Week That Was – 28 March 2025
Welcome to The Week That Was, a round-up of key events in the financial services sector over the last seven days.
Read moreInsurance Covered: A look at reinsurance (With Ben Rose)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Ben Rose, Co Founder of Supercede.
Read moreML Covered - March 2025
As we welcome the New Year, we are pleased to share our latest version of ML Covered, our monthly round-up of key events relevant to those dealing with Management Liability Policies covering D&O, EPL and PTL-type risks.
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