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…and ONE MORE THING, an intention to parody is not (necessarily) bad faith
In 2017, Apple successfully opposed two trade mark applications for the words 'SWATCH ONE MORE THING' and 'ONE MORE THING' (the OMT Applications). The OMT Applications were filed by Apple's long-time adversary, Swatch. Apple alleged that the phrase “ONE MORE THING” had come to be associated with it and that Swatch had filed the OMT Applications with the intention of parodying Apple.
Read moreWilliam Grant & Sons v Lidl: where to be-gin?
On 25 May 2021, the Scottish Court of Session (SCOS) granted an interim interdict (akin to an interim injunction), which prevents Lidl from selling its own brand 'Hampstead gin' in Scottish stores, pending the outcome of the matter at trial.
Read moreWilliam Grant & Sons v Lidl: where to be-gin?
On 25 May 2021, the Scottish Court of Session (SCOS) granted an interim interdict (akin to an interim injunction), which prevents Lidl from selling its own brand 'Hampstead gin' in Scottish stores, pending the outcome of the matter at trial.
Read morePhilip Warren & Son v Lidl – No case of mi-steak-en identity
The High Court has dismissed a passing off claim brought by Philip Warren & Son Limited (PWS) against well-known supermarket, Lidl. The decision ultimately turned on the fact that PWS presented "insufficient evidence of a significant level of operative misrepresentation to any category of PWS' customers".
Read morePhilip Warren & Son v Lidl – No case of mi-steak-en identity
The High Court has dismissed a passing off claim brought by Philip Warren & Son Limited (PWS) against well-known supermarket, Lidl. The decision ultimately turned on the fact that PWS presented "insufficient evidence of a significant level of operative misrepresentation to any category of PWS' customers".
Read morePatents Court finds alleged penalty clause is firm but fair
The Patents Court recently held that provisions in a settlement agreement, which restricted the ability to challenge IP rights in the future, were enforceable and did not amount to penalty clauses, as the defendant contended.
Read more'Brake-ing' news: public interest defence is available in breach of confidence and privacy claims, even where the information concerned has been unlawfully obtained
This recent High Court case concerns the accessing and sharing of emails, said to be private and confidential emails (the Emails), by the Defendants.
Read moreStay on top of Intellectual Property
Whether you’re just starting out or launching a new product, there are a wealth of intellectual property issues to consider in the world of distilling. Here, Ciara Cullen, Ben Mark and Sarah Mountain outline those do’s and don’ts, the changing landscape and how to thrive in 2021 and beyond.
Read moreCourt of Appeal upholds copyright infringement decision against digital radio aggregator
The Court of Appeal has refused TuneIn's appeal of a 2019 judgment finding that it had infringed the copyright of Warner and Sony by linking to online radio stations.
Read moreNeed for reasonable enquiries upon receipt of potentially confidential information
The Court of Appeal recently held that a recipient of information will be bound by a duty of confidentiality if it was reasonable for them to have made enquiries as to the confidential nature of the information and they failed to do so (Travel Counsellors Ltd v Trailfinders Ltd [2021] EWCA Civ 38).
Read moreOh (no) Polly – clothing brand infringed the design rights of a direct competitor the High Court finds
The High Court has held that G4K Fashion Limited, trading as 'Oh Polly', has infringed UK unregistered design rights (UKUDR) and community unregistered design rights (CUDR) owned by Original Beauty Technology Company Limited (Original Beauty) by copying several of its 'bodycon' and 'bandage' garments. Original Beauty was, however, unable to establish passing off.
Read moreHold your horses: Raceday data dispute likely to head to Supreme Court
In a dispute, between suppliers of live betting and raceday data from racecourses, the Court of Appeal was asked to consider whether a duty of confidence could be applied to live sports data between its creation and broadcast when that information was available in real time. We look at the Court's decision, and the reasons for it, in more detail below.
Read moreBrexit – a guide to protecting your rights from 1 January 2021
Like many other areas of law, intellectual property (IP) will undergo a raft of changes overnight, when the Brexit transition period expires on December 31 2020.
Read moreNeat 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 moreAll change! No extension means major changes for IP rights holders from 1 January 2021
Under Article 132 of the Withdrawal Agreement, 30 June 2020 was the last day that the UK could have requested an extension to the Brexit transition period. The COVID-19 outbreak prompted many to speculate that a request would be made but the deadline passed, without event.
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 moreSports Ticker #133: Snoop Dogg snaps up Swansea City stake and the UK goes mad-dle for Padel - a speed read of commercial updates from the sports world
In a fortnight which saw the Lionesses claim a second consecutive victory at the Euros, the Football Governance Act pass into law and establish a new independent regulator for the sport, and the hotly anticipated decision in the Seraing case, we bring you news on Padel’s meteoric rise as the number of dedicated UK courts tops a thousand, a look at Metro Bank’s latest campaign in aid of women’s and girls’ cricket, and a curious peek at Snoop Dogg’s foray into the world of Championship football.
Read moreSports Ticker #132 - Owl's not well at Sheffield Wednesday and Wimbledon swaps one court for another
In a fortnight which saw Jannik Sinner achieve Wimbledon glory after beating Carlos Alcaraz by three sets to one in a fierce Centre Court spectacle, underdogs Chelsea FC topple Paris Saint Germain to become victors of the Men’s FIFA Club World Cup 2025, and the Welsh Rugby Union announce that it is considering halving the number of regions in the Welsh professional rugby union setup, we bring you news on Sheffield Wednesday’s third transfer embargo, an insight into Tour De France’s new yellow card system, and a look at Liberty Media’s acquisition of MotoGP.
Read moreSports Ticker #131 - Ascot plays a Royal Flush, county cricket shakes it up and Spurs take on INEOS - a speed read of commercial updates from the sports world
In a fortnight which saw the eyes of the world tune into Wimbledon in clockwork fashion, Al-Hilal triumph over Manchester City with a last minute winner in the Club World Cup 2025, and the sad passing of Liverpool and Portuguese striker Diogo Jota, we bring you news on a radical shakeup in the world of county cricket, insights into Royal Ascot’s latest attendance successes, and a look at Tottenham Hotspurs’ legal spat with Sir Jim Ratcliffe’s INEOS Group.
Read moreSports Ticker #130: Netflix's big-hitter, F1's 2026 calendar and the controversial Enhanced Games - a speed read of commercial updates from the sports world
In a fortnight that saw a heat-laden FIFA Club World Cup 2025 kick off in the United States, the British & Irish Lions fall short against Argentina in the first leg of their 2025 tour and reviews roll in for F1: The Movie, we bring you news on Netflix’s latest boxing announcement, updates on Premiership Rugby’s record viewing figures, and a look at World Aquatic’s hard stance on the Enhanced Games.
Read moreSports Ticker #129 - Commonwealth Games lives on, DAZN's star-studded ad and cheese rolling galore - a speed read of commercial updates from the sports world
In a fortnight which saw Arsenal win the UEFA Women's Champions League, Northampton Saints fall eight points short of European glory against Bordeaux Bègles and the town of Abingdon host the 42nd World Poohsticks Championships, we bring you news on the Government’s search for a Head of Video Games and Esports, an update on the future of the Commonwealth Games and a look at Gloucestershire’s annual cheese rolling race, whose women’s race winner cemented her victory with the words, “I don’t like cheese”.
Read moreGenerative Artificial Intelligence Risks for Litigation Lawyers
In R (on the application of Frederick Ayinde) v The London Borough of Haringey AC-2024-LON-003062 the President of the King's Bench Division (Dame Victoria Sharpe) and Mr Justice Johnson gave judgment in two referrals that had been made under the Hamid jurisdiction. That jurisdiction is the court's inherent jurisdiction to regulate its own procedures and enforce the obligations that lawyers owe to it.
Read moreSports Ticker #128: Goodison's new tenants, Fnatic's Happy Deal and Barclays' latest sponsorships - a speed read of commercial updates from the sports world
In a fortnight which saw Andy Murray part ways with Novak Djokovic and Jamie Vardy reach 200 goals for Leicester City in his 500th and final game for the club (as well as Leicester being charged with an alleged breach of the Championship’s profit and sustainability rules for the 2023/24 season), we bring you news of Fnatic’s Happy Deal with McDonald’s, an insight into Barclays’ sponsorship deals with the O2 Arena and Co-Op Live, and the news at Everton’s Goodison Park.
Read moreReverse-engineering and disassembly of IBM mainframe software in breach of software licence (IBM v LzLabs) – Part 2
This second article on IBM v LzLabs explores the validity of IBM's audit request and subsequent termination of the ICA.
Read moreReverse-engineering and disassembly of IBM mainframe software in breach of software licence (IBM v LzLabs) – Part 1
In IBM United Kingdom Ltd v LzLabs GmbH and others [2025] EWHC 532 (TCC), the High Court has provided useful guidance on what constitutes unlawful reverse engineering and the extent of the Software Directive's statutory exceptions to software copyright protection set out in the Copyright, Designs and Patents Act 1988 (the CDPA).
Read moreSports Ticker #127: Becks buys Salford, Sadiq seeks Olympic repeat and Hamilton signs autograph deal - a speed read of commercial updates from the sports world
In a fortnight which saw 150,000 Leeds United fans turn out to celebrate the club's promotion to the English Premier League, hundreds of daring racers take part in Essex’s annual Maldon Mud Run and the London Marathon steal New York’s crown for record number of finishers, we bring you news of Sadiq Khan’s Olympic aspirations, an insight into Lewis Hamilton’s exclusive autograph and memorabilia agreement and a peak at Channel 5’s broadcasting deal for the Men’s 2025 FIFA Club World Cup.
Read moreThe EU’s Work Programme 2025 – ePrivacy Reg and AI Liability Directive dropped!
What are the main takeaways for the tech industry from the European Commission’s Work Programme 2025?
Read moreEU Guidance on the AI Act
How is the European Commission helping businesses interpret the EU’s Artificial Intelligence Act (AI Act)?
Read moreThe Online Safety Act: Illegal Harms Codes officially in force, focus now on children
What are service providers’ new obligations under Ofcom’s new Codes of Practice on Illegal Harms and its Age Assurance and Children’s Access Guidance?
Read moreThe UK Government’s consultation on Copyright and AI
How is the UK Government considering striking the balance between the protection of copyright in materials and the training of AI?
Read moreUK’s new AI Cyber Security Code of Practice
How is the UK Government seeking to protect AI systems from growing cyber security threats, in particular in respect of deployable AI systems using GenAI?
Read moreUK’s “AI Opportunities Action Plan”
How will the UK Government’s new AI Opportunities Action Plan (Plan) impact businesses?
Read moreSnapshots Spring 2025
A roundup of key legal developments for the modern commercial lawyer.
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Read moreOnline Safety Act 2023: Children Codes published by Ofcom
On 24 April 2025, Ofcom published the Protection of Children Codes and Guidance (the Codes), as part of the second phase of its three-phase process to implement the Online Safety Act 2023 (the Act). In-scope service providers are now required to complete their first children's risk assessments by 24 July 2025, and subject to parliamentary approval of the Codes, those service providers will need to comply with the Codes from 25 July 2025.
Read moreSports Ticker #126 - Cricket’s Olympic revival, Euro-Soccer and Mbappé’s pay war - a speed read of commercial updates from the sports world
In a fortnight which saw Cambridge University do the double over Oxford University at the 2025 Boat Race and Strava acquire its rival Runna in a dash for running app supremacy, we bring you updates on the historic impact of Rory McIlroy's Masters victory, news of cricket's triumphant return to the Olympics and an insight into the record-breaking prize pool announced for the Esports World Cup 2025.
Read moreSports injuries: the concussion pandemic
The inherent risk of injury to participants in many sports is well known – you only need to watch a game of rugby or American football, or spectate a boxing match, to appreciate this. Participants must accept this risk to some extent, but, the acceptance is conditional. They rely on governing bodies to control and regulate the sport to minimise injury risk; clubs to enforce the rules; referees to ensure compliance; players to follow the rules; organisers to provide appropriate facilities; and clinicians, especially in professional sport, to administer appropriate treatment.
Read moreSports Ticker #125: All Blacks settle sponsor spat, WDC ups top prize and UK Baller League kicks off – a speed read of commercial updates from the sports world
In a fortnight which saw Patrick Mullins ride Nick Rockett to victory in the Grand National, Dmitry Bivol renounce his WBC light-heavyweight title in pursuit of a trilogy fight with Artur Beterbiev, and Cardiff Rugby serve a notice of intention to appoint administrators, we bring you updates on Fnatic’s IMG partnership, news of a major increase in prize money in the World Darts Championship, and details of a settlement between the International Tennis Federation and Gerard Piqué’s Kosmos.
Read moreSports Ticker #124: IOC's marathon month, London Lions stadium and Six Nations free-to-air deal
In a fortnight which saw Kirsty Coventry elected as the first female president of the International Olympic Committee, Newcastle United win its first major domestic trophy since 1955, and a reported eightfold increase in Ferrari-branded merchandise sales for Puma following Lewis Hamilton's arrival, we bring you updates on the launch of Arsenal Women's first lifestyle range, a major complaint (and PR campaign) commenced by a professional tennis players’ association against the ATP, WTA, ITF and ITIA, and details of the Six Nations' extended free-to-air deal with the BBC and ITV.
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