Latest by Georgia Davis

Hold your horses: Raceday data dispute likely to head to Supreme Court

Published on 06 January 2021. By David Cran, Head of IP and Tech and Georgia Davis, Of Counsel

In a dispute, between suppliers of live betting and raceday data from racecourses, the Court of Appeal was asked to consider whether a duty of confidence could be applied to live sports data between its creation and broadcast when that information was available in real time. We look at the Court's decision, and the reasons for it, in more detail below.

Tread Bentley when expanding your product offering

Published on 08 January 2020. By Dani Barnes, Associate and Georgia Davis, Of Counsel

The High Court held that luxury car manufacturer Bentley Motors infringed BENTLEY clothing firm's trade marks.

"Content is fire, Social Media is gasoline" – Court of Appeal considers the challenges for interim injunctions in the digital age

Published on 17 July 2018. By Oliver Bray, Senior Partner and Georgia Davis, Of Counsel

The Court of Appeal has upheld part of an interim injunction granted to Australian sportswear company Frank Industries which restrained Nike from using the sign LDNR in its “Nothing Beats a Londoner” advertising campaign.

High Court does not accommodate "Easy" trade mark and passing off claims W3 Ltd v easyGroup Ltd and another [2018] EWHC 7(Ch) 12 January 2018

Published on 22 February 2018. By Jeremy Drew, Head of TMT and Georgia Davis, Of Counsel

In a judgment highlighting the inherent risks of litigation, the High Court has dismissed a claim for actionable threats of trade mark infringement against easyGroup Ltd in respect of the use of W3 Ltd's use of "EasyRoommate", as well as dismissing easyGroup's counterclaim claiming passing off and infringement of various trade marks containing the prefix "easy".

Getting to the heart of database right and copyright

Published on 03 October 2017. By Georgia Davis, Of Counsel

Getting to the heart of database right and copyright: Technomed Ltd and another v Bluecrest Health Screening Ltd and another [2017] EWHC 2142 (Ch), 24 August 2017 It's not often that a case features successful claims for both copyright infringement and database right infringement but this is one of those cases.

Avoid getting in a spin: Lessons for managing future Registered Designs cases - Spin Master Limited v PMS International Group [2017] EWHC 1477

Published on 09 August 2017. By Georgia Davis, Of Counsel and Jeremy Drew, Head of TMT

It is relatively rare for a case management conference ("CMC") to be of sufficient interest to be the subject of an article. However, these proceedings raised general issues of how to achieve short, cost-effective hearings where one or perhaps both parties were preparing for a much longer trial.

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

Published on 01 August 2017. By Georgia Davis, Of Counsel and David Cran, Head of IP and Tech

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.

House of Fraser held to account by Jack Wills

Published on 07 June 2016. By Jeremy Drew, Head of TMT and Georgia Davis, Of Counsel

Stuck in the middle with (section) 52

Published on 28 January 2016. By Georgia Davis, Of Counsel

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

Unjustified threats regime: Law Commission final report published

Published on 29 October 2015. By Georgia Davis, Of Counsel

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:

Supreme caution required when applying double identity rule

Published on 17 March 2015. By Jeremy Drew, Head of TMT and Georgia Davis, Of Counsel

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.

Threats in the spotlight

Published on 27 November 2014. By Jeremy Drew, Head of TMT and Georgia Davis, Of Counsel

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.

Groundless Threats: Time for Reform?

Published on 14 November 2013. By Jeremy Drew, Head of TMT and Georgia Davis, Of Counsel

Current IP legislation provides for protection against groundless threats in respect of IP infringement being brought by a rights holder against a competitor.