Home > Legal Opinions tagged Intellectual Property

  • 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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  • 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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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • 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 […]

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  • The internet, but not as we know it

    Oliver Laing

    Yesterday ICAAN opened its doors to applications for generic top level domains (gTLDs). Applicants will be able to apply for specific words or letters as an alternative to the recognised top level suffixes of .com, .net and .org. Examples of early applications are .london and .pepsi (i.e. http://mybrand or customerservice@mybrand). The changes have led to […]

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  • Richard Hooper calls for evidence on Digital Copyright Exchange

    Dave Drew

    Richard Hooper, appointed by the government to conduct a study of the Digital Copyright Exchange (DCE) proposed in the Hargreaves Report on intellectual property rights, has called for evidence from interested parties . Submissions must be made by Friday 10 February. The DCE is proposed as a solution to the problem of the collapsing value […]

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  • Nominet appeal panel polishes off Furniture Village’s complaint

    Giles Parsons

    Furnitureland went into administration in 2005. Its trade marks and the goodwill associated with them were sold to Furniture Village. In 2009, furnitureland.co.uk ltd was incorporated and obtained the domain furnitureland.co.uk. Furniture Village brought a Nominet complaint about furnitureland.co.uk. The respondent claimed that, although he knew about Furnitureland, he thought they had stopped trading, and […]

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  • Advocate General supports team Yahoo in fight over football fixtur...

    Mark Daniels

    Today, Advocate General Mengozzi delivered his opinion to the Court of Justice of the European Union (CJEU) on some “short” and “simple” questions referred to the CJEU by the English Court of Appeal in the case of Football Dataco Ltd and Ors v Yahoo! UK Ltd. The Opinion relates to the scope of copyright protection […]

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  • Counterfeit products flood UK market warns UK Border Agency

    Oliver Laing

    The Government’s UK Border Agency has warned shoppers of a flood of counterfeit products coming into the UK in time for the festive season. Counterfeit products such as toys, electronics and beauty products all pose a potential health risk due to the use of banned chemicals or unsafe electronics. For the companies whose products are […]

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  • Government Strategy to open up access to IP for SMEs

    Richard Nicholas

    A Strategy published yesterday and highlighted by the IPO’s press release sets out measures to help small and medium size businesses protect their IP rights. The strategy picks up a number of proposals for the future (such as the creation of a register of IP advisors, online training tool, and provision of audits) and some […]

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  • Unprecedented IP envoy appointed to protect UK interests in China

    Laura Mackenzie

    Following our recent blog on UK businesses’ anger at China’s apparent ‘flouting’ of Intellectual Property (IP) rights, the government’s appointment of the UK’s first ever IP Attaché has been announced. Tom Duke will be based at the British Embassy in Beijing and will be responsible for providing UK companies trading in China with support and […]

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