IP hub
UK Court grants first 'live' blocking order against streaming servers
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.
Read moreCourt of Appeal rejects claim for misuse of confidential information in TV format
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.
Read moreA punishment to fit the crime – CJEU allows punitive damages in IP infringement cases
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.
Read moreThe Survey Says! EU General Court decides on requirements for evidence on distinctive character
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.
Read moreTerraLex Cross-Border Copyright Guide 2017
We are delighted to present the TerraLex Cross-Border Guide to Copyright 2017.
Read moreNvidia sweats over Hardware Labs' "threats"
Nvidia’s attempt to bring a groundless threats action against Hardware Labs in the English High Court has failed.
Read moreCourt of Appeal confirms criminal offences cover the sale of "grey" goods
The Court of Appeal (Criminal Division) has recently confirmed that the sale of "grey" goods can be a criminal offence under the Trade Marks Act 1994 (TMA).
Read moreConfidential information "oiled" progress of new product development
When is information confidential? A recent case gave cause for the English High Court to clarify.
Read moreFair dealing defence in copyright infringement – a key summary
A recent key decision on fair dealing defence impacts reporting current events in copyright infringement claims.
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 moreWhat do you know about hyperlinking to infringing content online?
CJEU clarifies position on linking to infringing content - here's what you need to know
Read moreHow ISP blocking orders provide a new and welcome form of redress against e-commerce counterfeiting
Ciara Cullen, Partner in IP and Technology, tackles the topic of counterfeiting online, how it's impacting sectors such as retail and pharmaceuticals, and the new remedy available to brand owners.
Read moreISPs' appeal is "blocked"
In a judgment handed down today, the Court of Appeal, led by Lord Justice Kitchin, has overwhelmingly rejected the appeal by the five largest ISPs and upheld the High Court decision to grant Richemont a blocking order requiring those ISPs in the UK to prevent access to various third party websites from advertising and selling goods which infringe Richemont's trade mark rights.
Read moreBrexit - a legal analysis: IP rights
IP rights in the UK are all influenced and moulded to a greater or lesser degree by European law.
Read moreComic Enterprises remains gleeful as CofA upholds series marks
The Court of Appeal recently ruled on an outstanding aspect of the appeal brought by Twentieth Century Fox in the "Glee" trade mark dispute.
Read moreMove to unified European regime as trade secrets directive adopted by EU Parliament
Earlier this month, on 14 April 2016, the draft European Directive on the protection of trade secrets against their unlawful acquisition, use and disclosure was passed by the European Parliament (EP) at a first reading.
Read moreSupreme Court sends Trunki packing for good
In the latest instalment of the ongoing saga involving the Trunki case, the Supreme Court has unanimously dismissed the appeal filed by Magmatic.
Read morePirates and popcorn: rise of site-blocking injunctions in EU
Whilst obtaining blocking injunctions against internet service providers (ISPs) have become an established practice in the UK, particularly within the film and music industry, the position is less clear cut elsewhere in the EU.
Read moreComic Enterprises feel gleeful after CofA upholds trade mark infringement
This recent hearing is the latest instalment in the "Glee" trade mark dispute between Comic Enterprises and Twentieth Century Fox.
Read moreTerraLex Cross-Border Copyright Guide 2016
We are delighted to present our Cross-Border Copyright Guide 2016.
Read moreEC's 2015 comms on copyright– appetiser to 2016's main course
As part of its Digital Single Market Strategy the European Commission released a Communication entitled "Towards a modern, more European copyright framework" on 9 December 2015.
Read moreStuck in the middle with (section) 52
IPO Consultation on the transitional arrangements for the repeal of Section 52 of the CDPA
Read moreSupreme Court clarifies law on implied terms
The Supreme Court has clarified the law on implied terms: in order for a term to be implied it must be necessary for business efficacy or alternatively be so obvious as to go without saying.
Read moreDetention cases up as EU customs seizes €617m worth of goods
According to the "Report on EU Customs Enforcement of Intellectual Property Rights 2014" published by the European Commission, there has been a rise in the number of interceptions of infringing goods by customs at external EU borders.
Read moreUnjustified threats regime: Law Commission final report published
On 12 October 2015, the UK Law Commission issued its second and final report on groundless threats in IP infringement proceedings entitled "Patents, Trade Marks and Designs:
Read moreThe future of shape marks
'What do you see?' This is a question most often associated with crystal balls, but it will now be asked by thousands of brand owners across the EU member states, whatever the shape of the goods they produce.
Read moreIP Crime Report 2014-2015
According to the "IP Crime Report 2014/2015" published by the national IP Crime Group, the Border Force detained over 1.6 million infringing items over the reporting year, with an "if genuine" retail value in excess of £56 million.
Read moreAsos Supreme- what will a change in the law mean?
Earlier in April, we wrote an article on the Court of Appeal decision in the Assos v Asos trade mark dispute.
Read morePrivate Copying Exception is deemed unlawful
In October 2014, the eagerly anticipated copyright exceptions came into force via a series of amendments to the Copyright Designs and Patents Act 1988.
Read moreUK goodwill still reigns Supreme
The question to the Supreme Court was whether a claimant in a passing off action needs to have actual customers in the UK or whether it is sufficient to demonstrate that it has a reputation in the UK and internationally.
Read moreGood news from Geneva for Geographical Indications
A Diplomatic Conference held in Geneva in May 2015 has resulted in a new act being adopted which will revise the Lisbon System and provide additional protection and an international registration system for Geographical Indications.
Read moreEuropean Commission announces a Digital Single Market by 2016
On 6 May 2015, the European Commission released its Digital Single Market Strategy (DSMS) for Europe.
Read moreAs seen at CofA – split decision on 'own name' in Assos v Asos
The Court of Appeal has held that use of the ASOS brand by the well-known online clothing retailer, Asos, created a likelihood of confusion with and damaged the distinctive character of the earlier ASSOS Community Trade Marks owned by Assos, the specialist cycle clothing retailer, but Asos could nonetheless rely on the 'own name' defence to avoid trade mark infringement.
Read moreSupreme caution required when applying double identity rule
A recent High Court decision1 not only demonstrates the difficulty for trade mark owners in enforcing descriptive trade marks (and the risk that those trade marks may be found to be invalid) but also highlights potential pitfalls where trade marks co-exist within the same market.
Read moreJuncker's Utopia: a virtual Europe without borders
It is 2015 and the relentless appetite for consumption of content has never been greater.
Read moreAn Enterprising look at survey evidence
True to form, Mr. Justice Arnold's recent judgment in Enterprise Holdings Inc v. (1) Europcar Group UK Limited (2) Europcar International SASU [2015] EWHC 17(Ch) runs to an extensive 227 paragraphs.
Read moreIP Alert: Court of Appeal confirms Rihanna's image protected under the 'umbrella' of passing off
The Court of Appeal has today dismissed fashion retailer Topshop's appeal[1], confirming that Topshop's unauthorised use of an image of the famous pop star, Rihanna, amounted to passing off.
Read moreA landmark decision for brand owners: Court rules ISP blocking orders extend to trade mark rights
The High Court [1] has recently granted Richemont a blocking order requiring the five largest ISPs in the UK to prevent access to various third party websites from advertising and selling goods which infringe Richemont's trade mark rights.
Read moreVestergaard – creating another buzz
This long-running case [1] has now reached a finale – a High Court decision on the assessment of damages, handed down in October 2014.
Read moreThreats in the spotlight
Threats provisions remain an area of great interest and debate for many intellectual property specialists and the recent case of Cassie Creations Limited v Simon Blackmore and Mirrorkool Limited [2014] EWHC 2941 has again placed threats and their commercial application into the spotlight.
Read moreNo tax please, we're British – Culture test for video games tax relief comes into force
On 19 August 2014, regulations to determine a video game as "British" for the purposes of corporation tax relief for video games development came into force.
Read moreOver EUR760 million worth of product seized by EU customs authorities in 2013
According to the "Report on EU customs enforcement of intellectual property rights – Results at the EU border 2013", customs authorities in 2013 opened approximately 87,000 detention cases in respect of 36 million articles, accounting for a domestic retail value of more than €760 million.
Read more"Fashioning" prior art – CJEU ruling on unregistered Community designs
On reference from the Irish Supreme Court, the Court of Justice of the European (CJEU) has provided further commentary on the scope of prior art required to invalidate an unregistered Community design.
Read moreDon't delay when requesting a stay under the Community Trade Mark Regulations
In proceedings in which the defendants have already been found liable for passing off and trade mark infringement in respect of the BETTY BOOP trade marks, the High Court has rejected the defendants' application to have the remaining copyright infringement and trade mark invalidity proceedings stayed in favour of earlier, related Italian proceedings.
Read moreThe problem with plain cigarette packaging
This interview was first published on Lexis®PSL Commercial on 7 July 2014.
Read moreOHIM's position on colour marks is not black and white
OHIM has recently updated its 'Manual of Trade Marks Practice' so as to apply the Common Practice of the Scope of Protection of Black and White Marks (the 'Common Practice').
Read moreCopyright Alert: Browsing Defence
The Court of Justice of the European (CJEU) has today handed down its long awaited decision in the Meltwater[1] case, confirming the general availability of the "browsing defence" to internet users.
Read moreCopycat packaging – time for reform?
The Trading Standards Institute (TSI) has opposed the basis of a consultation by the Department for Business, Innovation and Skills (BIS) on whether to grant a private right of action to businesses that fall victim to copycat packaging.
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