Latest by Ciara Cullen

Blog

Natasha's law - legislation requiring ingredients labelling on all pre-packaged foods presented in Parliament

Published on 06 September 2019. By Alyson Lloyd, Senior Associate and Ciara Cullen, Partner

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On Thursday 5th September, 'Natasha's Law' was presented in Parliament. This is new legislation which mandates full ingredients labelling on all pre-packaged food.

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Blog

High Court does not "lycra" unjust Part 36 offers

Published on 26 June 2019. By Ciara Cullen, Partner and Samuel Coppard, Associate

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In a recent High Court decision it has been held that parties must ensure that Part 36 offers are "genuine offers to settle" as the court will not order costs in circumstances where it is unjust to do so. Furthermore, the decision reinforces the significant weight that is given to whether or not an offeree accepts a Part 36 offer, regardless of whether relief is obtained by the offeree in the first instance.

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Blog

Worried you'll run out of milk: what does your contract say?

Published on 09 April 2019. By Rachael Ellis, Associate and Ciara Cullen, Partner

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This isn't a 'B'-word blog, don't worry. But with 'B' looming (in whatever form it may take) UK businesses are facing unprecedented uncertainty when it comes to their supply chain – talk continues of border delays, stock piling and shortages.

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Publication

2019 TerraLex guide to navigating cross-border copyright rules

Published on 30 January 2019. By Ciara Cullen, Partner and Paul Joseph, Partner

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We are delighted to present the TerraLex Cross‑Border Copyright Guide 2019, the fourth edition of this invaluable guide.

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Blog

Big 'Mac' Surprise

Published on 25 January 2019. By Ciara Cullen, Partner and Ben Mark, Partner

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In a decision that will send shock waves to many brand owners, particularly in the food and drink industry, the EU Cancellation Division has revoked McDonald's EUTM for 'Big Mac' in its entirety, even in respect of sandwiches, despite being McDonald's signature product worldwide.

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Blog

All that glitters is not "Gold"

Published on 09 January 2019. By Esme O'Hagen, Associate and Ciara Cullen, Partner

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How does the court calculate what a reasonable license fee is, and what conduct will be sufficient for the court to award additional damages under section 92(2) of the Copyright, Designs and Patents Act 1998?

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Blog

Christian Louboutin's red sole walks all over the Trade Mark Directive shape exclusion

Published on 03 July 2018. By Rebecca Rose, Associate and Ciara Cullen, Partner

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Christian Louboutin has been in and out of courts all over the world in the last few years over his iconic red-soled shoes. In the latest instalment of his litigation adventures, the Court of Justice of the European Union ("CJEU") has given a preliminary ruling on the interpretation of Article 3 of Directive 2008/95/EC ("Trade Mark Directive"), which covers grounds for refusal or invalidity of signs in respect of their shape. But does this ruling really take us anywhere?

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Blog

CJEU asks whether 'Glen' triggers an image of 'Scotch Whisky' in geographical indications case

Published on 20 June 2018. By Ciara Cullen, Partner

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The Court of Justice of the European Union (CJEU) has ruled on the interpretation of Article 16(a) to (c) of Regulation (EC) No 110/2008 on the protection of geographical indications of spirit drinks.

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Blog

Claimant gets its fingers 'pricked' in IPEC passing off claim

Published on 16 May 2018. By Rebecca Rose, Associate and Ciara Cullen, Partner

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What's the difference between a tattoo and a cactus? This isn't the start of a bad joke, but a serious question that was considered in front of Her Honour Judge Clarke in a recent passing off case in the Intellectual Property Enterprise Court. It turns out that – unsurprisingly – the differences between a tattoo and a cactus are so great that the Claimant's claim for passing off failed.

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Publication

2018 TerraLex guide to navigating cross-border copyright rules

Published on 24 January 2018. By Paul Joseph, Partner and Ciara Cullen, Partner

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Drawing together contributions from copyright experts in 21 territories we have found are key to global businesses, this guide explores questions regarding legislation and regulation, ownership, infringement, remedies, enforcement and copyright reform on a country-by-country basis.

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Blog

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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Blog

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

Published on 25 April 2017. By 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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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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Video

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

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

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

Published on 09 February 2016. By Jeremy Drew, Partner 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

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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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

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

Published on 08 May 2014. By Jeremy Drew, Partner 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

Trade Mark Protection: Court of Appeal says distinctiveness is not enough

Published on 15 October 2013. By Jeremy Drew, Partner and Ciara Cullen, Partner

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.

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