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Philip 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 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 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 moreMoney Covered: The Week That Was – 25 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 morePLC QTRLY - Q2 2025
This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.
Read moreReasonable Diligence – when is it enough to postpone limitation?
In this blog we consider the outcome of Arif v Sanger [2025] EWHC 1540 (KB) and the potential repercussions for directors in cases of possible fraud, deliberate concealment and misrepresentation under s.32 of the Limitation Act 1980 where reasonable diligence is not exercised.
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 moreFCA and FOS jointly consult on modernising redress system
The Financial Conduct Authority ("FCA") and the Financial Ombudsman Service ("FOS") have jointly published a consultation paper on their proposals to modernise the financial redress system.
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 moreCourt of Appeal slams brakes on judicial review as Supreme Court accelerates in motor finance saga
As the Court of Appeal slams the brakes on Barclays' judicial review of a FOS decision upholding a vehicle finance complaint, all eyes are on the Supreme Court as they prepare to hand down judgement this month in the case of Johnson v FirstRand Bank which is primed to have a multibillion-pound impact on the vehicle finance market.
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 moreLawyers Covered - June 2025
It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.
Read moreRegulatory Pulse - 26 June 2025
Bringing you up to speed on developments in solicitors' regulation every fortnight.
Read moreThe Month that Was – May/June 2025 – a look at Employment Practices Liability Insurance and its relationship to D&O
In this episode, Mel is joined by Kim Wright and Matt Watson to discuss Employment Practices Liability (EPL) insurance, its scope, and its intersection with Directors & Officers (D&O) insurance.
Read moreFCA considers motor finance redress scheme
The Financial Conduct Authority (FCA) has published its key considerations in anticipation of a possible motor finance redress scheme pending the outcome of the Supreme Court appeal in Johnson v FirstRand Bank Limited.
Read moreFRC overhauls Investor Stewardship Code for 2026
On 3 June 2025, the Financial Reporting Council (FRC) published the UK Stewardship Code 2026 that will take effect from 1 January 2026.
Read moreFOS to consult on interest - Is 8% too high?
On 4 June 2025 the Financial Ombudsman Service (FOS) opened a consultation into the standard interest applied to its awards which has historically been applied at 8%.
Read moreRegulatory Pulse - 6 June 2025
Bringing you up to speed on developments in solicitors' regulation every fortnight.
Read moreLawyers Covered - May 2025
It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.
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 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 moreQ1 2025 insolvency claims activity – a word of warning for D&Os and their insurers?
The latest data on the number of winding up petitions in the Insolvency and Companies Court provide insights on the recent increase in insolvencies and offers a hint as to the sectors that may be impacted most by claims against the former directors of insolvent companies.
Read moreRegulatory Pulse - 19 May 2025
Phew, it's been a busy couple of weeks! Let's bring you up to speed.
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 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 moreRegulatory Pulse - 9 May 2025
Welcome to the second edition of RPC Pulse. A concise look at regulatory developments for solicitors, delivered to your inbox every fortnight.
Read moreLawyers Covered - April 2025
It can be tough for busy lawyers to find enough time to service clients, make it safely through the regulation obstacle course, win new work and keep up-to-date with developments, but we've got you covered! Welcome to our Lawyers Liability & Regulatory Update, in which we highlight the last month's key developments affecting lawyers and the professional risks they face.
Read morePLC QTRLY - Q1 2025
This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.
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 moreRegulatory Pulse - 24 April 2025
Welcome to the first edition of RPC Pulse. A concise look at regulatory developments for solicitors, delivered to your inbox every fortnight.
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 moreSupreme Court upholds that fiduciaries must act with "single-minded loyalty toward their principals (or beneficiaries)"
In Rukhadze and others v Recovery Partners GP Ltd and another [2025] UKSC 10, the Supreme Court unanimously affirmed the legal test for the account of profits rule (the Profit Rule).
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.
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