Water cooler and triangular chairs.

Intellectual Property

Snapshot

Copyright: Online platform operators’ liability for users illegally uploading copyright material

Published on 02 November 2020. By David Cran, Head of IP and Tech

C-682/18 Frank Peterson v Google LLC and others and C 683/18 Elsevier Inc. v Cyando AG EU:C:2020:586 – A-G opinion

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Luxury and online marketplaces – the next chapter

07 August 2020

Coty v Amazon (C-567/18)

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Trade marks: Specifications and bad faith

02 June 2020

Sky Plc & Ors v SkyKick UK Ltd & Anr

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Copyright: Works of artistic craftsmanship and Cofemel

02 June 2020

Response Clothing Limited v The Edinburgh Woollen Mill Limited

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Liverpool FC fail to register “LIVERPOOL” trade mark alone

21 January 2020

What should businesses consider when attempting to register a place name as a trade mark?

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Copyright Directive: CJEU rules on implementation and interpretation of copyright exceptions in Article 5(3)

07 November 2019

How should copyright exceptions to authors’ exclusive rights to reproduce or communicate their works be implemented and interpreted?

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When can the court not apply the cost consequences of Part 36 offers?

03 July 2019

When can the court not apply the cost consequences of Part 36 offers?

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What are the requirements for demonstrating genuine use of a trademark?

08 April 2019

Supermac’s (Holdings) Ltd (Supermac’s) applied to revoke McDonald’s International Property Company Ltd’s (McDonald’s) EU trade mark registration for “BIG MAC” covering classes 29 and 30 (sandwiches etc) and class 42 (services associated with operating and franchising restaurants etc) (EUTM) on the basis that the EUTM was not put to genuine use during a continuous period of five years following the date of registration in relation to any of the registered goods and services.

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European Parliament introduces Directive on Copyright in the Digital Single Market

08 April 2019

How will the new Directive on Copyright change the legal and commercial landscape for both rights holders and content platforms?

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Can brand owners rely on both registered trade mark infringement and passing off in order to prevent third parties from registering companies which incorporate their brand?

08 April 2019

On 12 May 2011, Mr Whitehouse incorporated a UK company under the name BMW Associates Limited (BAL). BMW wrote to Mr Whitehouse alleging trade mark infringement and passing off.

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PulseOn v Garmin, did the High Court correctly apply the test for infringement of Registered Community Designs?

08 April 2019

PulseOn (a developer of heart rate monitor wrist watches) alleged infringement of its Registered Community Design (RCD) for those watches by one of Garmin’s sports watches, the “Forerunner 235”. PulseOn’s RCD sought to protect specific design features of the watch – in particular the shape and arrangement of three oblong LED sensors around a rectangular photo sensor.

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Argos Limited v Argos Systems Inc [2018]

20 December 2018

How will the Court interpret the three limb test of Article 9(1)(c) of the EU Trade Mark Regulation?

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Reformation Publishing Co Ltd v Cruiseco Ltd (Spandau Ballet)

20 December 2018

How does the court calculate a reasonable licence fee, and what conduct is sufficient for the court to award additional damages under Section 97(2) of the Copyright, Designs and Patents Act 1998?

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Nike LDNR campaign sunk by trademark infringement

24 September 2018

How careful do you need to be when utilising third party trade marks in advertising campaigns?

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Sprint Electric Ltd v Buyer's Dream Ltd and another

24 September 2018

How does the use of personal services companies affect IP ownership?

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European Parliament approves draft Directive on Copyright

24 September 2018

What is the current status of the draft Directive on Copyright in the Digital Single Market?

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Injunctions in the age of digital media

09 August 2018

What should be the right scope of an interim injunction where a trade mark is infringed on social media? And how careful do you need to be of using third party trade marks in ad campaigns?

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Blocking orders in relation to counterfeit goods

09 August 2018

Who is liable to pay the costs of implementing a blocking order?

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Confidential information / trade secrets

12 April 2018

IPO publishes consultation on Trade Secrets Directive (EU/2016/943)

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Trade marks / passing off

12 April 2018

Can localised goodwill prevent the registration of a UK trade mark?

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Trademark infringement: Azumi Limited v Zuma's Choice Pet Products Ltd [2017] EWHC 609

12 June 2017

Did the sale of pet food by reference to the "ZUMA" brand infringe the trade mark rights of a high end restaurant operating under the same brand?

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Intellectual property – trade marks/passing off Victoria Plum Ltd (t/a as “Victoria Plumb”) v Victorian Plumbing Ltd and others

20 March 2017

When will keyword bidding constitute trade mark infringement or passing off?

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Intellectual property – confidential information Wade and others v British Sky Broadcasting Ltd [2016] EWCA Civ 1214

20 March 2017

What confidential information exists in an idea and what amounts to misuse?

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Copyright: England and Wales Cricket Board Limited v (1) Tixdaq Limited [2016] EWHC 575 (Ch)

03 October 2016

Did the fair dealing defence cover the online publication of eight second clips of sports matches?

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Copyright: E-books and the Rental and Lending Right Directive

03 October 2016

Advocate General opinion

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