Latest by Paul Joseph

Blog

CJEU proves even easy copyright cases make bad law

Published on 27 September 2018. By Paul Joseph, Partner and Adam Cusworth, Senior Associate

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Commentary on the recent CJEU decision in Renckhoff C-161/17 about the communication to the public right.

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Blog

"Good faith" clause rehabilitates failing breach of confidence claim Health and Case Management Ltd v Physiotherapy Network Ltd [2018] EWCH 869 (QB)

Published on 26 June 2018. By Louise Morgan, Senior Associate and Paul Joseph, Partner

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This case provides an interesting example of a "good faith" clause providing protection for misuse of data in a situation where a confidential information clause failed to sufficiently protect against misuse of information.

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Blog

Sky judge kicks bad faith questions to the ECJ

Published on 19 February 2018. By Paul Joseph, Partner and Sophie Tuson, Associate

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In a significant decision in Sky v Skykick [2018] EWHC 155, Mr Justice Arnold has referred a number of questions to the CJEU on bad faith and the clarity and precision of trade mark specifications. The CJEU's response may have significant implications for trade mark owners – particularly those holding very broad registrations.

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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

Getting to the heart of database right and copyright

Published on 03 October 2017. By Georgia Davis, Legal Director and Paul Joseph, Partner

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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.

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Blog

Flagging the risk of a new type of trade mark infringement

Published on 10 July 2017. By Rebecca Rose, Associate and Paul Joseph, Partner

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The Intellectual Property Enterprise Court has recently ruled that linking an own brand product listing on Amazon to a competitor's branded listing for the same product amounts to trade mark infringement (and passing off) in a dispute over flagpoles.

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Blog

Court of Appeal rejects claim for misuse of confidential information in TV format

Published on 27 February 2017. By Rebecca Rose, Associate and Paul Joseph, Partner

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The Court of Appeal has confirmed a decision that confidential information was not misused by a large telecommunications organisation when it developed a television programme format with multiple similarities to one pitched to (and rejected by) it by individuals from the music industry a year previously.

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Publication

TerraLex Cross-Border Copyright Guide 2017

Published on 19 January 2017. By Paul Joseph, Partner

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We are delighted to present the TerraLex Cross-Border Guide to Copyright 2017.

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Blog

What do you know about hyperlinking to infringing content online?

Published on 28 September 2016. By Paul Joseph, Partner

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CJEU clarifies position on linking to infringing content - here's what you need to know

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Blog

Brexit - a legal analysis: IP rights

Published on 28 June 2016. By Paul Joseph, Partner

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IP rights in the UK are all influenced and moulded to a greater or lesser degree by European law.

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Blog

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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Blog

Stuck in the middle with (section) 52

Published on 28 January 2016. By Paul Joseph, Partner and Georgia Davis, Legal Director

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

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Blog

The future of shape marks

Published on 26 October 2015. By Paul Joseph, Partner and Rebecca Rose, Associate

'What do you see?' This is a question most often associated with crystal balls, but it will now be asked by thousands of brand owners across the EU member states, whatever the shape of the goods they produce.

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Blog

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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Blog

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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Blog

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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Blog

CMA call for information on use of online reviews

Published on 12 March 2015. By Paul Joseph, Partner and Sarah Hill, Legal Director

Online reviews: love them or hate them, there is no escape. Products, services, large multinationals, SMEs, online or offline, almost everyone is being judged these days.

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Blog

Copyright Alert: Browsing Defence

Published on 05 June 2014. By Paul Joseph, Partner and Ben Mark, Legal Director

The Court of Justice of the European (CJEU) has today handed down its long awaited decision in the Meltwater[1] case, confirming the general availability of the "browsing defence" to internet users.

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Blog

A 'lush' result for Cosmetic Warrior; another 'bomb' for Amazon

Published on 21 May 2014. By Paul Joseph, Partner and Ben Mark, Legal Director

Following a recent defeat in the High Court,

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Blog

CJEU rules that linking and framing is not copyright infringement

Published on 13 February 2014. By Paul Joseph, Partner

The CJEU handed down an important decision this morning on online copyright infringement.

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Blog

Breaking the (supply) chain

Published on 10 January 2014. By Paul Joseph, Partner and Henry Priestley, Senior Associate

Determining the source of infringing goods put on the market is often a priority for trade mark owners seeking to prevent sales of infringing products.

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Blog

You've been framed - High Court issues ISP blocking order

Published on 07 January 2014. By Paul Joseph, Partner and Adam Cusworth, Senior Associate

The UK High Court has once again shown its support for copyright holders, granting six major film companies blocking orders under the Copyright Designs and Patents Act 1988 against the UK's six main internet service providers ...

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Blog

Harmonisation of EU copyright: the Commission consults

Published on 07 January 2014. By Paul Joseph, Partner and Henry Priestley, Senior Associate

The European Commission (the "Commission") is set to complete its review of copyright law in the EU by spring 2014.

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Blog

Mattel Left Scrambled without any Friends in the Court

Published on 25 November 2013. By Paul Joseph, Partner and Ben Mark, Legal Director

Following a recent defeat in the Court of Appeal in relation to the validity of its three-dimensional tile mark (J W Spear & Son Ltd, Mattel Inc. and Mattel UK Ltd v Zynga Inc [2013] EWCA Civ 1175) ...

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Blog

The Trade Mark Clearing House – Do You Need to Sign Up?

Published on 02 September 2013. By Paul Joseph, Partner

In January 2012, ICAAN began allowing organisations to apply for new Generic Top Level Domains (gTLDs) which will operate alongside the 280 Country Code Top Level Domains (.com and .co.uk etc) and the 22 existing gTLDs (.biz and .info etc).

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Blog

Interflora v Marks and Spencer

Published on 31 May 2013. By Paul Joseph, Partner

Following years of legal wrangling between Interflora and Marks and Spencer (M&S) in respect of keyword advertising, on 21 May 2013, the High Court handed down a substantial 99 page judgment, ultimately, in favour of Interflora as trademark owner.

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Blog

Cut off the head but beware that the sub-licence may not die

Published on 29 April 2013. By Paul Joseph, Partner and Henry Priestley, Senior Associate

In the recent High Court decision VLM Holdings Limited v Ravensworth Digital Services Limited [1] Mann J has ruled that a sub-licence is capable of surviving termination of its head licence in certain (albeit, fact-specific) circumstances.

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Blog

Supreme Court clarifies what constitutes 'making' a patented product

Published on 25 March 2013. By Paul Joseph, Partner and Louise Morgan, Senior Associate

On 13 March 2013 the Supreme Court issued its weighty decision in the long-running case of Schütz v Werit([2013] UKSC 16).

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