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Private Copying Exception is deemed unlawful

Published on 20 July 2015. By Paul Joseph, Partner

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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UK goodwill still reigns Supreme

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

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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Good news from Geneva for Geographical Indications

Published on 29 May 2015. By Paul Joseph, Partner

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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European Commission announces a Digital Single Market by 2016

Published on 13 May 2015. By Paul Joseph, Partner

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

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

Published on 27 April 2015. By David Cran, Partner and Adam Cusworth, Associate

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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Supreme caution required when applying double identity rule

Published on 17 March 2015. By Jeremy Drew, Partner 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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Juncker's Utopia: a virtual Europe without borders

Published on 06 March 2015. By Jeremy Drew, Partner and Ciara Cullen, Partner

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

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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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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, Legal Director

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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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, Legal Director

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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