Home > Legal Opinions tagged Intellectual Property

  • Innocent logo dispute provides much food for thought

    Peter Ellis

    Who owns the copyright in graphic work such as logos prepared by design agencies on behalf of their clients is not as straightforward as it might seem when the parties have not made their position clear at the outset of the relationship. Two companies faced prolonged and difficult litigation involving hearings at the European trade […]

    Read our legal opinion.

  • Topshop loses appeal against Rihanna in passing-off case

    Emma Fox

    Topshop has lost an appeal against a ruling of passing-off in relation to its sale of t-shirts bearing Rihanna’s image. There was no evidence from purchasers that they had believed the t-shirts were endorsed by Rihanna. However, as reported in our earlier article on this case relating to the appealed High Court judgment as the […]

    Read our legal opinion.

  • possible EU design right defence for spare parts manufacturers?

    Nicola Hill

    In a case involving Ford Motor Company concerning the unauthorised manufacturer of wheel trims bearing Ford’s trade mark, the Italian tribunal of Torino has requested a preliminary ruling by the CJEU (Case C-500/14). It has posed two questions, which essentially enquire whether Article 14 of Directive 98/71 and Article 110 of Regulation (EC) No.6/2002 (both […]

    Read our legal opinion.

  • "noted, with thanks” - the perils of negotiating settlement agreem...

    Laura Mackenzie

    A recent decision stresses the importance of expressly stating when a settlement offer is intended to be ‘subject to contract’ (ie not binding until a formal written agreement has been executed). In Bieber and others v Teathers Limited (in liquidation) the claimants accepted – via email – a settlement offer relating solely to the sum […]

    Read our legal opinion.

  • ‘Golden Balls’ CTM saga: differing degrees of similarity

    Laura Mackenzie

    Last year we reported on the General Court’s decision that, on a global consideration of the trade marks ‘Golden Balls’ and ‘Ballon D’or’, their visual and phonetic differences (despite their minimal conceptual similarities) meant they were not ‘similar’ under Art 8(1)(b) CTM Regulation 2007/2009 (requiring identical/similar marks for identical/similar goods and a likelihood of confusion) […]

    Read our legal opinion.

  • renting an orphan – new UK licensing scheme

    Declan Cushley

    A new UK licensing scheme for orphan works has been launched by the Department for Business, Innovation and Skills. The scheme enables you to apply for a licence to make use of at least 91 million creative works, some of cultural importance including photographs, diaries, films and recordings, which have previously been effectively unavailable as […]

    Read our legal opinion.

  • 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 […]

    Read our legal opinion.

  • 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 […]

    Read our legal opinion.

  • 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 […]

    Read our legal opinion.

  • Rihanna case shows developments to passing off

    Giles Parsons

    Rihanna has successfully sued Topshop in passing off for selling a t-shirt bearing her photograph. There is no freestanding image right in England, so the claim was brought in passing off. Selling clothes bearing someone’s image is not itself passing off; there must be a false representation that a product is endorsed. Other than the […]

    Read our legal opinion.

  • Supreme Court shows its bottle in Schutz case

    Peter Ellis

    A person infringes a patent for a particular product if he ‘makes’ the product without the consent of the patentee. In Schutz v Werit the relevant ‘making’ involved replacing an old or damaged component vitally important to the function of the patent but not the subject of the patent itself. At first instance Floyd J […]

    Read our legal opinion.

  • Responses received to Government’s proposed reform of design...

    Lauren Millward

    The Government has published a summary of responses to its consultation on the Reform of the UK Designs Legal Framework. The proposed reforms include improving the enforcement regime to promote better understanding of rights, resolving uncertainties around the scope of protection, simplifying laws and improving the provision of information. Responses indicate that many involved in product design […]

    Read our legal opinion.

  • P2P Filesharing – appeal court orders O2 to disclose more names

    Giles Parsons

    Golden Eye was licensed on terms to bring copyright infringement proceedings against people alleged to have shared pornographic works. The High Court  did not find this agreement illegal but refused to order O2 to disclose alleged filesharers’ identities as that would ‘endorse’ the agreement, and be ‘tantamount to… sanctioning the sale of the Intended Defendants’ privacy and data protection rights’. The […]

    Read our legal opinion.

  • Court Dismisses AstraZeneca Appeal against Abuse of Dominance

    Richard Roberts

    The Court of Justice of the European Union (CJEU) has dismissed AstraZeneca’s appeal against finding of abuse of dominance. The Commission’s decision in 2005, for which AstraZeneca was fined €60 million, stemmed from two abuses relating to its patented Losec product used to treat ulcers, in which it had: made deliberately misleading representations to various […]

    Read our legal opinion.

  • Protecting the sole – Louboutin sees red over trade mark registrat...

    Paula Dumbill

    French luxury shoe designer Christian Louboutin’s glossy red soles were granted trade mark protection in the US in 2008. In 2011 Yves Saint Laurent (YSL) proposed to launch a new line of red high heels with red soles. Louboutin sued YSL for trade mark infringement. In August 2011 a US court rejected Louboutin’s case. The […]

    Read our legal opinion.

  • Law Commission to Review IP Threats Provisions

    Laura Richards

    Protecting intellectual property rights requires a balance between those who seek to safeguard their IP rights and those who receive groundless threats. These claims take different forms, those with no basis for the allegation and those where there is no legitimate intention to litigate. These types of actions are becoming more prevalent. There have been […]

    Read our legal opinion.

  • It’s all about how you couch it….

    Sara McNeill

    The Advertising Standards Authority (ASA) has banned Sofa King’s regional press ad which included the slogan “The Sofa King – Where the Prices are Sofa King Low!” after receiving three complaints. The ASA held the slogan could be “interpreted as derivative of a particular swear word which consumer research had found to be a word […]

    Read our legal opinion.

  • Copyright in football fixture lists – they think it’s ...

    Mark Daniels

    The Court of Justice has confirmed the Advocate General’s opinion (reported by Browne Jacobson) on copyright protection for football fixture lists. In its decision the court found that the determination of all the elements relating to a single football fixture (date, time, venue etc) is a data creation activity. As such, this activity is irrlevant […]

    Read our legal opinion.

  • Another one bites the dust! Nokia successfully attacks another IPC...

    Mark Daniels

    In the latest chapter in the long running telecoms patent dispute between Nokia and IPCom, the English High Court has ruled that IPCom’s European patent (UK), which related to the handover of mobile phones between different base stations (eg when the mobile user is on the move), was invalid as originally granted but allowed IPCom […]

    Read our legal opinion.

  • A scoop for all

    Sara McNeill

    The Copyright Tribunal has determined that the Newspaper Licensing Agency (NLA) must cut licence fees charged to end users of news monitoring services who receive emails containing online news clippings. Last year, in an action brought by the NLA against Meltwater, a media monitoring business, the Court of Appeal upheld the High Court’s decision that […]

    Read our legal opinion.

Archives

  • 2015 (42)
  • 2014 (299)
  • 2013 (374)
  • 2012 (469)
  • 2011 (421)
  • 2010 (226)
  • 2009 (32)

Sectors

Opinions tagged as...

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