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Court of Appeal drives through London Taxi's hopes of enforcing protection for its shape marks

Published on 13 November 2017. By Ben Mark, Legal Director and Holly Pownall, Associate

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The Court of Appeal has dismissed an appeal against a High Court decision that 3D trade marks for models of London black taxis were invalid for lack of distinctive character.1

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TV formats are the real 'Minute Winner': High Court confirms TV formats can be protected as artistic works

Published on 01 November 2017. By Ciara Cullen, Partner and Sophie Tuson, Associate

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In a recent judgment, the High Court has provided helpful clarification on a particularly grey area of IP law by confirming that TV formats can be protected by copyright as artistic works.

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Getting to the heart of database right and copyright

Published on 03 October 2017. By Georgia Davis, Legal Director and Paul Joseph, Partner

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Getting to the heart of database right and copyright: Technomed Ltd and another v Bluecrest Health Screening Ltd and another [2017] EWHC 2142 (Ch), 24 August 2017 It's not often that a case features successful claims for both copyright infringement and database right infringement but this is one of those cases.

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Avoid getting in a spin: Lessons for managing future Registered Designs cases - Spin Master Limited v PMS International Group [2017] EWHC 1477

Published on 09 August 2017. By Georgia Davis, Legal Director and Jeremy Drew, Partner

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It is relatively rare for a case management conference ("CMC") to be of sufficient interest to be the subject of an article. However, these proceedings raised general issues of how to achieve short, cost-effective hearings where one or perhaps both parties were preparing for a much longer trial.

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Spare parts and intellectual property: the distinction between "informative use" and "misleading use"

Published on 01 August 2017. By Georgia Davis, Legal Director and David Cran, Partner

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The Court of Appeal has allowed an appeal against a decision of the Intellectual Property Enterprise Court ("IPEC") that a repair company had not infringed certain BMW trade marks.

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Flagging the risk of a new type of trade mark infringement

Published on 10 July 2017. By Rebecca Rose, Associate and Paul Joseph, Partner

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The Intellectual Property Enterprise Court has recently ruled that linking an own brand product listing on Amazon to a competitor's branded listing for the same product amounts to trade mark infringement (and passing off) in a dispute over flagpoles.

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UK Court grants first 'live' blocking order against streaming servers

Published on 25 April 2017. By Adam Cusworth, Associate and Ciara Cullen, Partner

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The Football Association Premier League (FAPL) recently won its application for a court order that the six main retail internet service providers block access to streaming servers until the end of the 2016/2017 Premier League Season. The application covered live streaming only – i.e. it only applies when those servers are streaming infringing content.

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Court of Appeal rejects claim for misuse of confidential information in TV format

Published on 27 February 2017. By Rebecca Rose, Associate and Paul Joseph, Partner

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The Court of Appeal has confirmed a decision that confidential information was not misused by a large telecommunications organisation when it developed a television programme format with multiple similarities to one pitched to (and rejected by) it by individuals from the music industry a year previously.

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A punishment to fit the crime – CJEU allows punitive damages in IP infringement cases

Published on 22 February 2017. By Ben Mark, Legal Director and Jani Ihalainen, Paralegal

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In a recent decision, the Court of Justice of the EU (CJEU) ruled that the EU Enforcement Directive does not preclude the legal provision of punitive damages in infringement cases in EU Member States.

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The Survey Says! EU General Court decides on requirements for evidence on distinctive character

Published on 03 February 2017. By Henry Priestley, Senior Associate and Jani Ihalainen, Paralegal

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A decision by the General Court highlights the requirement for comprehensive evidence of genuine use when seeking to prove acquired distinctiveness in relation to 3D marks in the EU.

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