Search results
892 results ordered by
Non-fungible tokens (NFTs): are they a way for celebrities to 'reclaim' their image? And what happens to the IP?
Non fungible tokens, unique blockchain-backed certificates of authentication, can monetise digital assets, or in some instances help to 'reclaim' one's image – but it's not one NFT- fits-all for IP rights.
Read moreGoodwill, Bad Faith and Brotherly Luv: Court of Appeal finds "special circumstances" to allow defence to Passing Off claim
In a dispute between two half-brothers regarding the ownership of a music group name, the Court of Appeal (CoA) found "special circumstances" to permit arguments that would ordinarily be barred through estoppel.
Read more(Sex) Pistols at dawn over Danny Boyle's new biopic series
Sex Pistols band members accuse frontman John Lydon of being No Fun and creating Anarchy for refusing to authorise licences for the use of the band's music in Danny Boyle's forthcoming TV series, Pistol.
Read more…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 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 moreCarers Week Special (Part 2): Intersectional nuances, wellbeing and creating carer-friendly workplaces, with Rachel Pears and Zahra Lakhan-Bunbury
Welcome to The Work Couch, the podcast where we discuss all things employment.
Read moreHong Kong’s New 468 Rule for Continuous Employment
On 18 June 2025, LegCo passed the Employment (Amendment) Bill 2025 (the "Bill"). The Bill revises the working hours threshold for determining continuous employment and makes it easier for employees to enjoy the employment protection available under the Employment Ordinance (Cap. 57). The revised continuous contract requirement will take effect from 18 January 2026.
Read moreCarers Week Special (Part 1): Lived experiences, the law and the role of employers, with Rachel Pears and Zahra Lakhan-Bunbury
Welcome to The Work Couch, the podcast where we discuss all things employment.
Read moreSupreme Court ruling on the definition of "sex": What does this mean for employers? with Patrick Brodie and Kelly Thomson
Welcome to The Work Couch, the podcast series where we explore how your business can navigate today's tricky people challenges and respond to key developments in the ever-evolving world of employment law.
Read moreThe European Accessibility Act: Creating a more inclusive consumer experience
With less than 1 month to go until the requirements of the EU Accessibility Act (the EAA) come into full force and effect, retailers, consumer brands and hospitality providers should ensure they are ready for the changes.
Read moreThe Work Couch: Navigating trauma in the legal world (Part 2), with Rebecca Norris and Camilla Wells: Implementing a trauma-informed work culture
Welcome to The Work Couch, the podcast where we discuss all things employment.
Read moreThe Work Couch: Navigating trauma in the legal world (Part 1), with Rebecca Norris and Camilla Wells: Spotting the signs and understanding the science
Welcome to The Work Couch, the podcast where we discuss all things employment.
Read more“Ronan’s Law” to impact retailer and online platform liability for knife sales
How will the UK’s proposal to crack down on the online sale of knives impact retailers?
Read moreEU “ecodesign” product regulation lands, together with new digital product passport
What does the EU’s new regulation on ecodesign and sustainability mean for products and those who manufacture, import, deal and distribute them?
Read moreEU proposals to make online marketplaces liable for unsafe or illegal goods and collection of taxes
How concerned should online marketplaces be about new EU rules on e-commerce imports?
Read moreEU Online Dispute Regulation Platform discontinued!
The EU Online Dispute Resolution Platform (ODR Platform) was set up in 2016 under the Regulation (EU) No 524/2013 (Regulation), as an alternative route to court for disputes arising from online sales or service contracts
Read moreCJEU considering liability of App Store providers for unlawful loot boxes
Should intermediary service providers (eg app stores) be held liable for the supply of games containing unlawful loot boxes to consumers in breach of local gambling legislation?
Read moreCMA guidance on unfair commercial practices under the DMCCA
What practical guidance is given by the CMA on unfair commercial practices under the Digital Markets, Competition and Consumers Act 2024 (DMCCA)?
Read moreCMA’s enforcement road map for the new DMCCA plus consumer protection priorities
Where will the CMA focus its new enforcement powers under the Digital Markets, Competition and Consumer Act 2024 (DMCCA)? And what are the CMA’s consumer protection priorities?
Read moreTen years of the Modern Slavery Act: renewed focus on business responsibility
On 24 March 2025, the Home Office published its updated Transparency in Supply Chains (TISC) guidance, offering detailed recommendations to assist organisations in complying with their obligations under Section 54 of the Modern Slavery Act 2015.
Read moreNeonatal Care Leave: What do employers need to know?
On 6 April 2025, the long-awaited new statutory right to neonatal care leave came into effect in England, Wales and Scotland. The new right provides employees with up to 12 weeks' leave if their babies spend an extended period in neonatal care.
Read moreThe Work Couch: Neonatal care leave (Part 2): Managing the process and supporting employees, with Joanna Holford and Catriona Ogilvy
Welcome to The Work Couch, the podcast where we discuss all things employment.
Read moreThe Work Couch: Neonatal care leave (Part 1): What is the new right, who is eligible, and does the law go far enough? With Joanna Holford and Catriona Ogilvy
Welcome to The Work Couch, the podcast where we discuss all things employment.
Read moreWhat if the CEO asks me about… our exposure to packaging fees under EPR?
The Producer Responsibility Obligations (Packaging and Packaging Waste) (EPR) Regulations 2024 (EPR Regulations) came into force on 1 January 2025. They will affect most businesses that supply packaging in the UK, particularly brand owners of branded packaged products, and those who import branded products into the UK from overseas.
Read moreWhat if the CEO asks me about… the EU's Omnibus Directive?
On 26 February 2025, the EU Commission published its proposed Omnibus Directive, aiming to simplify EU rules, boost competitiveness and reduce the perceived regulatory burden on businesses, particularly SMEs. Here, we break down the key takeaways for busy in-house teams and discuss what we can expect next from the EU Parliament and Council.
Read moreThe Work Couch: What to expect at an employment tribunal: appearing as a witness, with Kim Wright and Joseph England
Welcome to The Work Couch, the podcast where we discuss all things employment.
Read moreEmployment Rights Bill: 10 key amendments explained
On 5 March 2025, the government published a 200 page amendment paper containing a wide range of amendments to the draft Employment Rights Bill (the Bill). A number of the amendments follow the government's response to various consultations on some of the most significant proposed reforms. We highlight 10 of the key amendments and what they mean for employers.
Read moreThe Work Couch: Data protection and HR-related challenges (Part 2), with Jon Bartley and Helen Yost
Welcome to The Work Couch, the podcast where we discuss all things employment.
Read moreStay connected and subscribe to our latest insights and views
Subscribe Here