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UKSC judgment in Cartier – who pays for website blocking orders?

In a blow for rights-holders, the UK Supreme Court (UKSC) has today decided that ISPs should not bear the implementation costs for website blocking orders in Cartier International AG and others v British Telecommunications Plc and another [2018] UKSC 28.   … Continue reading

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Filed under Advertising, Consumer products, Copyright, Counterfeiting, Designs, Media, Passing Off, Technology, media & telecommunications, Trade marks & Passing-off, UK

Targeting Online Risk

In our latest publication in our Future of Consumer series on issues facing the Consumer sector, we look at some of the online risks threatening businesses today. We examine the options available to tackle IP infringements online, such as the sale of … Continue reading

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Filed under Advertising, AI, Augmented reality (AR), Consumer products, Copyright, Counterfeiting, Databases, Designs, EU, Format rights, Media, Passing Off, Technology, media & telecommunications, Trade marks & Passing-off, UK, Virtual reality (VR)

Innovation Disruption and Technology – the legal and commercial issues for your business

Drawing on our practitioners’ experience and understanding of the intellectual property and technology issues facing our clients in the fast changing world in which we all now do business, we made innovation and disruptive technology the key themes at our … Continue reading

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Filed under 3D printing, Advertising, Agribio, Agribusiness, AI, Augmented reality (AR), Consumer products, Copyright, Counterfeiting, Databases, Designs, Energy, EU, Format rights, GIs, Licensing, Media, Passing Off, Patents, PDOs, Pharma, SPCs, Technology, media & telecommunications, Threats, Trade marks & Passing-off, Trade secrets, Transactions, UK, Uncategorized, Virtual reality (VR)

Future of Consumer – Targeted Advertising

It is estimated that the average consumer is exposed to up to 10,000 ads in a single day. Advertising is a big part of the consumer experience and as technology increasingly plays a protagonist role in our daily lives, it … Continue reading

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Filed under Advertising, Consumer products, Media, Technology, media & telecommunications, Trade marks & Passing-off, UK

CJEU RULING IN COTY – GREATER ONLINE PROTECTION FOR LUXURY GOODS SUPPLIERS

In its hotly anticipated ruling in the Coty case, the Court of Justice of the EU (CJEU) has held that, in the context of a selective distribution system, a restriction imposed on an authorised retailer not to sell the goods through … Continue reading

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Filed under Advertising, Consumer products, EU, Licensing, Trade marks & Passing-off, Transactions, UK

EU Trade Mark reforms come into force – motion, hologram and multimedia marks can now be registered

A number of EU trade mark reforms came into force on 1 October 2017.  The key changes are: The graphical representation requirement has been abolished. In theory, it should now be easier to file non-traditional forms of marks at EU … Continue reading

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Filed under Advertising, Consumer products, Counterfeiting, EU, Trade marks & Passing-off, UK

New Unjustified Threats Regime in force from 1 October 2017

Threatening proceedings for intellectual property right infringement can sometimes backfire. In relation to patents, trade marks and designs, there is a right for any person aggrieved by the threat to bring an action against the threatener. The “aggrieved” person may not … Continue reading

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Filed under 3D printing, Advertising, Agribio, Agribusiness, Consumer products, Copyright, Counterfeiting, Databases, Designs, Energy, Media, Passing Off, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, Threats, Trade marks & Passing-off, Trade secrets, UK

Aldi encounters hiccup in the “Champagner Sorbet” CJEU reference

The use of the name “Champagner Sorbet” by the German supermarket chain Aldi for a sorbet dessert containing actual Champagne (12% by volume) was challenged by the Comite Interprofessionel du Vin de Champagne (trade association for Champagne houses) as unapproved (infringing) … Continue reading

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Filed under Advertising, Consumer products, EU, PDOs

Luxury brands may be able to limit to the types of on-line sales platforms used by their distributors if AG’s Opinion is followed by CJEU

Brand reputation is intimately connected with the manner and context in which products are purchased, so the Opinion of the Advocate General of the CJEU in the Coty (C‑230/16) reference (issued on 26 July 2017) will be welcomed by luxury … Continue reading

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Filed under Advertising, Consumer products, EU, Technology, media & telecommunications, Trade marks & Passing-off, Transactions, UK

More flexibility to threaten IP proceedings in the UK under new Unjustified Threats legislation

See our updated posting on the new Intellectual Property (Unjustified Threats) Act 2017 published on 28 September 2017 in anticipation of the Act coming into force on 1 October 2017 here.      

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Filed under Advertising, Agribio, Agribusiness, Consumer products, Copyright, Databases, Designs, Energy, Media, Patents, Pharma, Technology, media & telecommunications, The Unified Patent Court and the Unitary Patent, Trade marks & Passing-off, Trade secrets, UK