Latest by Georgia Davis
"Content is fire, Social Media is gasoline" – Court of Appeal considers the challenges for interim injunctions in the digital age
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.
Read moreHigh 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
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".
Read moreGetting to the heart of database right and copyright
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.
Read moreAvoid getting in a spin: Lessons for managing future Registered Designs cases - Spin Master Limited v PMS International Group [2017] EWHC 1477
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.
Read moreSpare parts and intellectual property: the distinction between "informative use" and "misleading use"
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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Stuck in the middle with (section) 52
IPO Consultation on the transitional arrangements for the repeal of Section 52 of the CDPA
Read moreUnjustified threats regime: Law Commission final report published
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:
Read moreSupreme caution required when applying double identity rule
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.
Read moreThreats in the spotlight
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.
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.
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