IP Hub
Banks beware: IP rights may trump customer confidentiality
The German Supreme Court has recently asked the Court of Justice of the European (CJEU) whether a bank can refuse to disclose confidential information about one of its customers to a third party who alleges that the customer is using the bank's services to sell counterfeit products and infringe the third party's trade marks.
Read moreMattel Left Scrambled without any Friends in the Court
Following a recent defeat in the Court of Appeal in relation to the validity of its three-dimensional tile mark (J W Spear & Son Ltd, Mattel Inc. and Mattel UK Ltd v Zynga Inc [2013] EWCA Civ 1175) ...
Read moreGroundless Threats: Time for Reform?
Current IP legislation provides for protection against groundless threats in respect of IP infringement being brought by a rights holder against a competitor.
Read moreA Wii forward, not a load of DS: anti-copyright measures and proportionality in the Copyright Directive
On 19 September 2013, Advocate General Sharpston gave an Opinion on questions referred to the Court of Justice of the European by the Tribunale de Milano (Italy) (Case C-355/12 Nintendo Co Ltd v PC Box Srl).
Read moreTrade Secrets – A Unified European Regime?
Earlier this year, a study was prepared for the European Commission relating to the treatment of Trade Secrets and Confidential Business Information within the internal market.
Read moreTrade Mark Protection: Court of Appeal says distinctiveness is not enough
The Court of Appeal for England and Wales recently handed down its much anticipated ruling in Cadbury's long-drawn-out battle to maintain its UK trade mark registration for the colour purple.
Read moreCopyright Guide 2013
We are pleased to attach a link to an overview of UK copyright, which we trust will prove a useful reference for any copyright issues that you may face, whether in the context of disputes or commercial matters.
Read moreRihanna's image protected under the 'umbrella' of passing off
The High Court has recently held that the fashion retailer Topshop's unauthorised use of an image of the famous pop star, Rihanna, amounted to passing off.
Read moreThe Trade Mark Clearing House – Do You Need to Sign Up?
In January 2012, ICAAN began allowing organisations to apply for new Generic Top Level Domains (gTLDs) which will operate alongside the 280 Country Code Top Level Domains (.com and .co.uk etc) and the 22 existing gTLDs (.biz and .info etc).
Read moreTrunki successfully wheels out design rival before the High Court
The High Court has recently found that design rights and copyright in the well-known 'Trunki' rideon suitcase for children were infringed by a Hong Kong based competitor's ride-on suitcase for children called the 'Kiddee Case'.
Read moreBSKYB on cloud 9 as court rules Microsoft's "SkyDrive" infringes its marks
The High Court has ruled in favour of British Sky Broadcasting Group plc ("BSkyB") following a trade mark dispute with Microsoft Corporation ("Microsoft") over Microsoft's "SkyDrive" online storage facility.
Read moreVestergaard – guarding trade secrets
The Supreme Court has ruled, in the final stage of this case, that an ex-employee could not have misused confidential information if she did not know about (i) the confidential information; and (ii) the fact of its misuse.
Read moreInterflora v Marks and Spencer
Following years of legal wrangling between Interflora and Marks and Spencer (M&S) in respect of keyword advertising, on 21 May 2013, the High Court handed down a substantial 99 page judgment, ultimately, in favour of Interflora as trademark owner.
Read moreCopyright: Supreme Court Considers "Browsing Defence"
The Supreme Court has handed down its long awaited decision in the Meltwater case which addresses important questions about the application of copyright law to internet browsing.
Read moreCut off the head but beware that the sub-licence may not die
In the recent High Court decision VLM Holdings Limited v Ravensworth Digital Services Limited [1] Mann J has ruled that a sub-licence is capable of surviving termination of its head licence in certain (albeit, fact-specific) circumstances.
Read moreHigh Court finds that "History" can be repeated
A highly anticipated High Court decision was handed down 1 February 2013 dismissing claims for trade mark infringement and passing off brought by A & E Television Networks LLC and its UK subsidiary AETN against Discovery Communications Europe Ltd.
Read moreHigh Court reaffirms no copyright protection for computer program functionality
In what should be the final instalment in a long-running case, on January 25 2013 a decision was issued in SAS Institute Inc v World Programming Ltd[i] following the referral back to the High Court from the European Court of Justice (ECJ)
Read moreSupreme Court clarifies what constitutes 'making' a patented product
On 13 March 2013 the Supreme Court issued its weighty decision in the long-running case of Schütz v Werit([2013] UKSC 16).
Read moreSurveying the legal landscape
The Court of Appeal has handed down its much anticipated judgment on the admissibility of survey evidence in the long running trade mark dispute between Marks & Spencer and Interflora.
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