Home > Legal Opinions tagged Intellectual Property

  • website blocking order awarded to combat trade mark infringement

    Declan Cushley

    Mr Justice Arnold in the High Court has awarded Cartier, Montblanc and Richemont an order requiring defendant Internet Service Providers (ISPs) to block or impede access by subscribers to six websites advertising and selling counterfeit goods and thereby infringing the claimant’s trade marks. Similar orders have previously been made for copyright infringement under s97A of […]

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  • finding of 'genuine use' ends the Specsavers trade mark saga

    Annabel Sinclair

    The Court of Appeal has concluded that Specsavers’ extensive use of its green shaded logo mark containing the word Specsavers in white also constitutes ‘genuine use’ of its wordless logo mark (two overlapping ovals registered in black and so in respect of all colours). Specsavers’ wordless mark will therefore remain on the register. This is […]

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  • copyright law now has a sense of humour

    Jude King

    On 1 October 2014, The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 come into force which introduce new copyright infringement exceptions including a specific exception granting the right to parody. The new regulations will extend the fair dealing exception to copyright infringement to include use for the purposes of caricature, parody or […]

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  • no just ‘desserts’ for product shape trade mark

    Laura Mackenzie

    To be registrable a trade mark must not be devoid of any distinctive character; a hurdle that can be overcome if the mark has acquired a distinctive character as a result of its use. Yesterday the EU General Court dismissed an appeal against a decision that a three-dimensional Community trade mark (CTM)for shape of the […]

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  • CJEU considers parody exception in Deckmyn case

    Emma Tuck

    Art. 5(3)(k) of the Infosoc Directive (regarding protection of copyright) provides that member states may provide an exception to the exclusive rights of reproduction and communication granted to an author, in cases of “use for the purpose of caricature, parody or pastiche“. The exception was implemented under Belgian law. However, because the Infosoc Directive requires […]

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  • National Gallery selfies – art or infringement?

    Nicola Hill

    Significant press attention has surrounded the National Gallery’s recent decision to permit visitors to photograph their artworks using mobile phones. Media focus has been on diminishing cultural values and damage through flash photography. But what about the copyright angle? The truth is, copyright in much of the permanent collection has long-since expired. End of story? Actually […]

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  • Police to place anti-piracy warning ads on illegal sites

    Alex Watt

    BBC news reports reports that the City of London Police Intellectual Property Crime Unit (PIPCU) are intending to place banner adverts on websites offering content that is believed to be illegal. The initiative makes use of technology provided by Project Sunblock, swapping paid-for advertising with warnings about piracy asking users to close their browser; “When […]

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  • trade mark surveys not quite dead

    Laura Mackenzie

    The value of survey evidence in trade mark and passing off disputes has been called into question following criticism of this evidence method in a number of high profile cases, not least in the M&S v Interflora litigation. The message from the judiciary in this case was that a survey should only be admitted if […]

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  • ICO’s annual report announces growth in data protection complaints

    Richard Roberts

    In its annual report, the Information Commissioner’s Office (ICO) has revealed a record number of data protection and freedom of information complaints in the financial year 2013-2014. Following this year’s revelations by Edward Snowden, and the continued growth of ‘big data’, the cloud and social networking, the report shows a 10% year on year increase […]

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  • can the layout of a retail store be registered as a trade mark?

    Laura Mackenzie

    In a potentially ground-breaking decision the Court of Justice of the European Union has confirmed (in response to an application by Apple Inc. for a device mark depicting its flagship store design) that – subject to certain notable caveats – a representation that depicts the layout of a retail store by means of an integral […]

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litigation personal injury Dai Durbridge NHS Public Sector Gemma Steele advertising teachers local authorities Social Care Laura Richards Browne Jacobson Brands Claims education child protection Department for Education Browne Jacobson LLP Intellectual Property copyright adult safeguarding employment tribunal Richard Freeth Court of Appeal Nichola Evans free schools James Arrowsmith Hayley Roberts employment trade marks Sarah Erwin-Jones Fiona Carter Oliver Sweeney further education Mark Blois Ofsted Richard Nicholas government schools academies