Intellectual Property
Copyright: Online platform operators’ liability for users illegally uploading copyright material
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
Read moreLuxury and online marketplaces – the next chapter
Coty v Amazon (C-567/18)
Read moreTrade marks: Specifications and bad faith
Sky Plc & Ors v SkyKick UK Ltd & Anr
Read moreCopyright: Works of artistic craftsmanship and Cofemel
Response Clothing Limited v The Edinburgh Woollen Mill Limited
Read moreLiverpool FC fail to register “LIVERPOOL” trade mark alone
What should businesses consider when attempting to register a place name as a trade mark?
Read moreCopyright Directive: CJEU rules on implementation and interpretation of copyright exceptions in Article 5(3)
How should copyright exceptions to authors’ exclusive rights to reproduce or communicate their works be implemented and interpreted?
Read moreWhen can the court not apply the cost consequences of Part 36 offers?
When can the court not apply the cost consequences of Part 36 offers?
Read moreWhat are the requirements for demonstrating genuine use of a trademark?
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.
Read moreEuropean Parliament introduces Directive on Copyright in the Digital Single Market
How will the new Directive on Copyright change the legal and commercial landscape for both rights holders and content platforms?
Read moreCan 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?
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.
Read morePulseOn v Garmin, did the High Court correctly apply the test for infringement of Registered Community Designs?
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.
Read moreArgos Limited v Argos Systems Inc [2018]
How will the Court interpret the three limb test of Article 9(1)(c) of the EU Trade Mark Regulation?
Read moreReformation Publishing Co Ltd v Cruiseco Ltd (Spandau Ballet)
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?
Read moreNike LDNR campaign sunk by trademark infringement
How careful do you need to be when utilising third party trade marks in advertising campaigns?
Read moreSprint Electric Ltd v Buyer's Dream Ltd and another
How does the use of personal services companies affect IP ownership?
Read moreEuropean Parliament approves draft Directive on Copyright
What is the current status of the draft Directive on Copyright in the Digital Single Market?
Read moreInjunctions in the age of digital media
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?
Read moreBlocking orders in relation to counterfeit goods
Who is liable to pay the costs of implementing a blocking order?
Read moreConfidential information / trade secrets
IPO publishes consultation on Trade Secrets Directive (EU/2016/943)
Read moreTrade marks / passing off
Can localised goodwill prevent the registration of a UK trade mark?
Read moreTrademark infringement: Azumi Limited v Zuma's Choice Pet Products Ltd [2017] EWHC 609
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?
Read moreIntellectual property – trade marks/passing off Victoria Plum Ltd (t/a as “Victoria Plumb”) v Victorian Plumbing Ltd and others
When will keyword bidding constitute trade mark infringement or passing off?
Read moreIntellectual property – confidential information Wade and others v British Sky Broadcasting Ltd [2016] EWCA Civ 1214
What confidential information exists in an idea and what amounts to misuse?
Read moreCopyright: England and Wales Cricket Board Limited v (1) Tixdaq Limited [2016] EWHC 575 (Ch)
Did the fair dealing defence cover the online publication of eight second clips of sports matches?
Read moreCopyright: E-books and the Rental and Lending Right Directive
Advocate General opinion
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