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IP Hub

Publication

TerraLex Cross-Border Copyright Guide 2017

19 January 2017

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We are delighted to present the TerraLex Cross-Border Guide to Copyright 2017.

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Blog

Nvidia sweats over Hardware Labs' "threats"

Published on 19 January 2017. By Ciara Cullen, Partner

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Nvidia’s attempt to bring a groundless threats action against Hardware Labs in the English High Court has failed.

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Blog

Court of Appeal confirms criminal offences cover the sale of "grey" goods

Published on 15 December 2016. By David Cran, Partner

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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).

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Blog

Confidential information "oiled" progress of new product development

Published on 14 December 2016. By Louise Morgan, Senior Associate and David Cran, Partner

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When is information confidential? A recent case gave cause for the English High Court to clarify.

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Blog

Fair dealing defence in copyright infringement – a key summary

Published on 27 October 2016. By Joshua Charalambous, Senior Associate

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A recent key decision on fair dealing defence impacts reporting current events in copyright infringement claims.

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Blog

15% increase in counterfeit goods seized in 2015

Published on 11 October 2016. By David Cran, Partner and Ben Mark, Partner

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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.

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Blog

What do you know about hyperlinking to infringing content online?

28 September 2016

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CJEU clarifies position on linking to infringing content - here's what you need to know

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How ISP blocking orders provide a new and welcome form of redress against e-commerce counterfeiting

Published on 21 September 2016. By Ciara Cullen, Partner

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.

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Blog

ISPs' appeal is "blocked" 

Published on 06 July 2016. By Ben Mark, Partner and David Cran, Partner

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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.

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Blog

Brexit - a legal analysis: IP rights

28 June 2016

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IP rights in the UK are all influenced and moulded to a greater or lesser degree by European law.

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Blog

House of Fraser held to account by Jack Wills

Published on 07 June 2016. By Jeremy Drew, Head of IP and Technology and Georgia Davis, Legal Director

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Blog

Comic Enterprises remains gleeful as CofA upholds series marks

Published on 31 May 2016. By Ciara Cullen, Partner and Louise Morgan, Senior Associate

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The Court of Appeal recently ruled on an outstanding aspect of the appeal brought by Twentieth Century Fox in the "Glee" trade mark dispute.

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Blog

Move to unified European regime as trade secrets directive adopted by EU Parliament

Published on 25 April 2016. By David Cran, Partner and Louise Morgan, Senior Associate

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.

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Blog

Supreme Court sends Trunki packing for good

Published on 21 March 2016. By Jeremy Drew, Head of IP and Technology

In the latest instalment of the ongoing saga involving the Trunki case, the Supreme Court has unanimously dismissed the appeal filed by Magmatic.

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Blog

Pirates and popcorn: rise of site-blocking injunctions in EU

Published on 18 March 2016. By David Cran, Partner and Ben Mark, Partner

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.

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Blog

Comic Enterprises feel gleeful after CofA upholds trade mark infringement

Published on 01 March 2016. By David Cran, Partner and Louise Morgan, Senior Associate

This recent hearing is the latest instalment in the "Glee" trade mark dispute between Comic Enterprises and Twentieth Century Fox.

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Blog

TerraLex Cross-Border Copyright Guide 2016

Published on 19 February 2016. By Jeremy Drew, Head of IP and Technology and David Cran, Partner

We are delighted to present our Cross-Border Copyright Guide 2016.

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Blog

EC's 2015 comms on copyright– appetiser to 2016's main course

Published on 09 February 2016. By Jeremy Drew, Head of IP and Technology and Ciara Cullen, Partner

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.

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Blog

Stuck in the middle with (section) 52

Published on 28 January 2016. By Georgia Davis, Legal Director

IPO Consultation on the transitional arrangements for the repeal of Section 52 of the CDPA

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Blog

Supreme Court clarifies law on implied terms

Published on 21 January 2016. By Chris Ross, Partner

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.

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Blog

Detention cases up as EU customs seizes €617m worth of goods

Published on 09 November 2015. By Ben Mark, Partner

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.

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Blog

Unjustified threats regime: Law Commission final report published

Published on 29 October 2015. By Georgia Davis, Legal Director

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:

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Blog

The future of shape marks

26 October 2015

'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.

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Blog

IP Crime Report 2014-2015

Published on 30 September 2015. By Ben Mark, Partner

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.

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Blog

Asos Supreme- what will a change in the law mean?

Published on 11 August 2015. By David Cran, Partner

Earlier in April, we wrote an article on the Court of Appeal decision in the Assos v Asos trade mark dispute.

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Blog

Private Copying Exception is deemed unlawful

20 July 2015

In October 2014, the eagerly anticipated copyright exceptions came into force via a series of amendments to the Copyright Designs and Patents Act 1988.

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Blog

UK goodwill still reigns Supreme

Published on 22 June 2015. By David Cran, Partner and Ben Mark, Partner

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.

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Blog

Good news from Geneva for Geographical Indications

29 May 2015

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.

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Blog

European Commission announces a Digital Single Market by 2016

13 May 2015

On 6 May 2015, the European Commission released its Digital Single Market Strategy (DSMS) for Europe.

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Blog

As seen at CofA – split decision on 'own name' in Assos v Asos

Published on 27 April 2015. By David Cran, Partner

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.

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Blog

Supreme caution required when applying double identity rule

Published on 17 March 2015. By Jeremy Drew, Head of IP and Technology and Georgia Davis, Legal Director

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.

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Blog

Juncker's Utopia: a virtual Europe without borders

Published on 06 March 2015. By Jeremy Drew, Head of IP and Technology and Ciara Cullen, Partner

It is 2015 and the relentless appetite for consumption of content has never been greater.

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Blog

An Enterprising look at survey evidence

Published on 05 February 2015. By David Cran, Partner and Ciara Cullen, Partner

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.

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Blog

IP Alert: Court of Appeal confirms Rihanna's image protected under the 'umbrella' of passing off

Published on 22 January 2015. By David Cran, Partner and Ben Mark, Partner

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.

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Blog

A landmark decision for brand owners: Court rules ISP blocking orders extend to trade mark rights

Published on 08 January 2015. By David Cran, Partner and Ben Mark, Partner

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.

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Blog

Vestergaard – creating another buzz

Published on 04 December 2014. By David Cran, Partner and Louise Morgan, Senior Associate

This long-running case [1] has now reached a finale – a High Court decision on the assessment of damages, handed down in October 2014.

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Blog

Threats in the spotlight

Published on 27 November 2014. By Jeremy Drew, Head of IP and Technology and Georgia Davis, Legal Director

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.

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Blog

No tax please, we're British – Culture test for video games tax relief comes into force

Published on 29 August 2014. By David Cran, Partner

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.

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Blog

Over EUR760 million worth of product seized by EU customs authorities in 2013

Published on 22 August 2014. By David Cran, Partner

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.

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Blog

"Fashioning" prior art – CJEU ruling on unregistered Community designs

Published on 07 August 2014. By Jeremy Drew, Head of IP and Technology

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.

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Blog

Don't delay when requesting a stay under the Community Trade Mark Regulations

Published on 04 August 2014. By Jeremy Drew, Head of IP and Technology

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.

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Blog

The problem with plain cigarette packaging

Published on 09 July 2014. By Jeremy Drew, Head of IP and Technology

This interview was first published on Lexis®PSL Commercial on 7 July 2014.

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Blog

OHIM's position on colour marks is not black and white

Published on 09 June 2014. By David Cran, Partner and Ben Mark, Partner

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').

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Blog

Copyright Alert: Browsing Defence

Published on 05 June 2014. By Ben Mark, Partner

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.

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Blog

Copycat packaging – time for reform?

Published on 02 June 2014. By David Cran, Partner and Ben Mark, Partner

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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Blog

Games content rating pricing: TIGA keeps pressure on PEGI

Published on 29 May 2014. By David Cran, Partner

TIGA, the trade association which represents the UK video game industry, has increased the pressure on PEGI, the European game content rating system, to change its pricing policy.

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Blog

A 'lush' result for Cosmetic Warrior; another 'bomb' for Amazon

Published on 21 May 2014. By Ben Mark, Partner

Following a recent defeat in the High Court,

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Blog

Advocate General fashions a designer-friendly Opinion in Karen Millen v Dunnes Stores

Published on 08 May 2014. By Jeremy Drew, Head of IP and Technology and Ciara Cullen, Partner

An Advocate General of the CJEU has recently handed down his Opinion following a referral from the Irish High Court in the case of Karen Millen v Dunnes Stores.

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Blog

Catch the pigeon - Jack Wills clips House of Fraser's wings in trade mark dispute

Published on 04 March 2014. By Jeremy Drew, Head of IP and Technology

Well-known retail brand Jack Wills has successfully relied on its community trade mark of a pheasant (below and left) in infringement proceedings against House of Fraser's use of a pigeon logo (below and right).

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