Latest by David Cran

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New trade secrets law to drive breach of confidence claims

Published on 11 June 2018. By David Cran, Partner and Joshua Charalambous, Associate

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This article explores what changes might need to be made to the existing protections given to trade secrets and in particular, the impact this might have in the insurance market.

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Spare parts and intellectual property: the distinction between "informative use" and "misleading use"

Published on 01 August 2017. By Georgia Davis, Legal Director and David Cran, Partner

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The Court of Appeal has allowed an appeal against a decision of the Intellectual Property Enterprise Court ("IPEC") that a repair company had not infringed certain BMW trade marks.

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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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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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15% increase in counterfeit goods seized in 2015

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

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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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ISPs' appeal is "blocked" 

Published on 06 July 2016. By Ben Mark, Legal Director 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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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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Pirates and popcorn: rise of site-blocking injunctions in EU

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

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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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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TerraLex Cross-Border Copyright Guide 2016

Published on 19 February 2016. By Paul Joseph, Partner and Jeremy Drew, Partner and David Cran, Partner

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

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

Published on 11 August 2015. By David Cran, Partner and Adam Cusworth, Senior Associate

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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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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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, Senior 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 Court clarifies the limits on contractual discretion

Published on 30 March 2015. By David Cran, Partner

A recent decision of the Supreme Court1 has confirmed that the limits on contractual discretion include a requirement to take relevant issues into account and that the discretion is not exercised irrationally.

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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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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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No loss of confidence – causation in confidential information claims

Published on 07 October 2014. By David Cran, Partner and Louise Morgan, Senior Associate

Richmond Pharmacology Ltd v Chester Overseas Ltd, Milton Levine and Larry Levine [2014] EWHC 2692 (Ch)

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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 and Adam Cusworth, Senior Associate

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

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

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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Copycat packaging – time for reform?

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

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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Games content rating pricing: TIGA keeps pressure on PEGI

Published on 29 May 2014. By David Cran, Partner and Ben Nicholson, Associate

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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No loss of confidence – establishing causation in confidential information claims

Published on 10 February 2014. By David Cran, Partner and Louise Morgan, Senior Associate

Richmond Pharmacology Ltd v Chester Overseas Ltd, Milton Levine and Larry Levine [2014] EWHC 2692 (Ch)

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New Customs Enforcement Regulation

Published on 20 January 2014. By David Cran, Partner

With effect from 1 January 2014, the new Customs Enforcement Regulation 608/2013 (Regulation) gives customs authorities extended powers to detain counterfeit or pirated goods at the borders of the European Union.

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Trade secrets: proposed European harmonization – an update

Published on 11 December 2013. By David Cran, Partner

Following a study on trade secrets and confidential information in the internal market ...

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No copyright in software functionality – SAS v WPL, the final chapter

Published on 02 December 2013. By David Cran, Partner and Adam Cusworth, Senior Associate

The Court of Appeal has handed down its decision in the lengthy SAS Institute Inc. v World

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Banks beware: IP rights may trump customer confidentiality

Published on 27 November 2013. By David Cran, Partner

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.

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A Wii forward, not a load of DS: anti-copyright measures and proportionality in the Copyright Directive

Published on 01 November 2013. By David Cran, Partner and Adam Cusworth, Senior Associate

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).

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Trade Secrets – A Unified European Regime?

Published on 21 October 2013. By David Cran, Partner and Louise Morgan, Senior Associate

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.

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Copyright Guide 2013

Published on 12 September 2013. By David Cran, Partner

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.

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Rihanna's image protected under the 'umbrella' of passing off

Published on 10 September 2013. By David Cran, Partner and Adam Cusworth, Senior Associate

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.

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Vestergaard – guarding trade secrets

Published on 29 July 2013. By David Cran, Partner and Louise Morgan, Senior Associate

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.

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High Court reaffirms no copyright protection for computer program functionality

Published on 30 March 2013. By David Cran, Partner and Ben Mark, Legal Director

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)

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