Trade marks & Passing-off

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)

UK Government agrees elements of the European Commission’s proposals for post-Brexit protection of EU-wide IP rights in the UK in the latest draft of the Withdrawal Agreement

In the latest draft of the Withdrawal Agreement (19 March 2018) the UK Government and European Commission negotiators appear to have agreed text providing for the replacement of EU-wide IP rights having effect in the UK with equivalent UK rights … Continue reading

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Filed under Agribio, Agribusiness, Brexit, Consumer products, Copyright, Counterfeiting, Databases, Designs, EU, GIs, Licensing, Patents, PDOs, Pharma, SPCs, The Unified Patent Court and the Unitary Patent, Trade marks & Passing-off, Transactions, UK

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)

“Two stripes are enough” – adidas succeeds in opposing competitor’s 2 stripe trade mark application on basis of its 3 stripe registration

The similarity between a two stripe design for shoes and adidas’ earlier trade mark for its renowned three stripe shoe, combined with adidas’ significant reputation in that mark, means that adidas can oppose the two stripe application for use on … Continue reading

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

12 key developments in trade mark law you might have missed in 2017

Missed any of the big trade mark developments from 2017?  Key developments include the Supreme Court finding that there is potential criminal liability for dealing in parallel imports under section 92(1) the Trade Marks Act 1994 and the Court of Appeal … Continue reading

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

BREXIT AND IP – LAW SOCIETY NOTE CALLS FOR GOVERNMENT ACTION

The exact mechanics of how Brexit will materialise and what it would mean for intellectual property rights in the UK is still unclear. However, time is now running short and the main representative bodies for IP practitioners have become concerned … Continue reading

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Filed under Brexit, Consumer products, Copyright, Designs, EU, Patents, Pharma, The Unified Patent Court and the Unitary Patent, Trade marks & Passing-off, UK

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

UK Court of Appeal rules on validity of trade mark in light of prior existing localised goodwill

Summary The UK Court of Appeal in Caspian v Shah considered whether a trade mark could be invalidated on the grounds of prior existing third party goodwill in a confined geographical area. On 23 November 2017, the Court of Appeal … Continue reading

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Filed under Consumer products, Passing Off, Trade marks & Passing-off, UK