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Comparative advertising: what it is and how to manage risk
06 April 2020In highly competitive industries, the line between extolling the virtues of one’s own product and comparing it with others can be a very fine, and sometimes blurry, one. Most advertisers will make claims about their products. Those claims might be straightforward, such as claims as to battery life, suitability for certain tasks or conditions, or relating to price. Other claims might suggest that the advertiser’s product is the best, cheapest or superior in some other way. There is a category of advertising though that can be much more high stakes – comparative advertising.
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EPO and EUIPO extend deadlines in response to COVID-19 pandemic
26 March 2020As you will have seen, governments across Europe have issued a range of recommendations to reduce the spread of COVID-19. The various IP offices have recognised this will have an impact on the ability of rightsholders/ applicants/ opponents to meet their deadlines, and so each of the UKIPO, the IP Office of Ireland, the EUIPO and the EPO have announced that deadlines will be extended:
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Fashion & Copyright: Securing your design
12 December 2019The recent landmark decision of Cofemel v G-Star Raw, outlines that copyright protection exists for designers across the EU if their works are original. “Originality” is defined as: the own intellectual creation of the author. The Court of Justice of the European Union (CJEU) stated that no additional national legal requirements are needed to bring a claim for copyright infringement, except for originality. The decision should help to unify the approach to EU copyright laws.
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Ads & Brands Law Digest: August 2019
31 July 2019Welcome to the August 2019 issue of our monthly Ads & Brands Law Digest.
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The inexorable rise of video advertising
02 July 2019London Tech Week this year highlighted many fascinating tech trends. One particular trend that resonated with me is the inexorable rise of video advertising. Here are a few takeaways from the video advertising session hosted by Taptica.
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Ads & Brands Law Digest: July 2019
01 July 2019Welcome to the July 2019 issue of our monthly Ads & Brands Law Digest.
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Pensioner sues Wolverhampton Wanderers over design of logo
13 June 2019Wolverhampton Wanderers Football Club have succeeded in defending a copyright claim in which the claimant contended that he designed their distinctive wolf head logo over 40 years ago.
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Ads & Brands Law Digest: May 2019
30 May 2019Welcome to the May 2019 issue of our monthly Ads & Brands Law Digest. We have selected the legal and regulatory developments from the month that we think are most likely to be of interest, with a very brief summary and then a link to the original and official source or full text of the item.
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Ads & Brands Law Digest: April 2019
10 April 2019Welcome to the April 2019 issue of our monthly Ads & Brands Law Digest, which I hope will be of interest and use to you. We have selected the legal and regulatory developments from the month that we think are most likely to be of interest, with a very brief summary and then a link to the original and official source or full text of the item.
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Brand Academy 2019 Round Up – Protecting your IP: A pan-European Perspective
13 March 2019Last night I had the pleasure of attending Lewis Silkin’s flagship event, Brand Academy 2019. This year’s topic focused on Intellectual Property litigation from a pan-European perspective, and we were pleased to welcome four leading IP lawyers to participate in a panel discussion and cover essential topics such as jurisdiction selection, available relief, and many practical considerations.
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Twi-bel: High Court Holds Defendant Liable for Agent’s Defamatory Tweet
11 January 2019Just before Christmas, Mr Justice Nicklin gave us a present – his judgment in the case of Monir v Wood. The High Court found Mr Wood, the former Chairman of the UKIP Bristol branch, liable for the publication of a defamatory tweet posted by someone else on the branch’s twitter account.
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Alex Kelham comments for City A.M: 'Why has Colin Kaepernick filed a trade mark of his image?'
30 October 2018In an article for City A.M, Alex Kelham comments on former San Francisco 49ers quarterback Kaepernick seeking to protect his assets by filing a trade mark in the US and discusses athletes' efforts to protect their personal brands.
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Professional Representation before the EUIPO in a Post-Brexit World
30 October 2018Whilst the status of, and procedures affecting, EUTMs and other EU IP rights in a post-Brexit world are a concern for brand-owners, UK trade mark professionals face an additional headache in that there is a significant risk that their ability to represent clients before the EUIPO may shortly be lost. This is an important issue, as acting on matters before the EUIPO will account for over half of trade mark and design related revenue for many firms.
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Can we remove “limited” from the end of our company name?
30 July 2018In certain circumstances a private limited company can apply to Companies House to be registered with a name that does not have “limited” (or the Welsh equivalent) at the end. This article summarises the circumstances of this exemption.
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Hackers, Judges and Spartacus: Containing a Data Breach with the Court’s Help
18 June 2018Fear of publicity shouldn’t put off organisations from asking the court for help when they’ve been hacked, had data stolen, and are then blackmailed. There’s a range of orders which the English courts are willing to make against anonymous hackers and which, even if those orders are ignored, can be useful when it comes to containing a confidentiality breach – including when it comes to getting stolen data removed from other hosts/publishers, both in England and abroad.
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Brands and IP newsnotes - issue 7
23 April 2018Welcome to the 7th edition of our Brands & IP newsnotes put together to bring you the latest, and most interesting legal developments affecting intellectual property law. In this issue we cover; Nando’s taking legal action against ‘copycat’ restaurant, Fernando’s, Sky v SkyKick referred to CJEU, Brexit & IP, IP & trading names, luxury brand owners rights to prohibit reselling of their products through some internet platforms and Time’s up for Smartwatch appeal.
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Brexit means BrexIP? (Brands & IP Newsnotes - issue 7)
23 April 2018Struggling to keep up with Brexit? IP Newsnotes brings you the latest on the negotiations as they impact IP.
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Time’s up for Smartwatch appeal (Brands & IP Newsnotes - issue 7)
23 April 2018The CJEU has dismissed an appeal against a decision not to invalidate a smartwatch design held by Nike, ruling that “pioneering” designs do not attract greater protection.
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The Sky’s the limit? Sky v SkyKick referred to CJEU (Brands & IP Newsnotes - issue 7)
23 April 2018In the latest instalment of Sky v SkyKick, the UK High Court has referred several questions to the CJEU relating to trade mark validity, requesting guidance on the limits of bad faith when a mark lacks clarity and precision.
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Nando’s v Fernando’s – a peri peri good idea? (Brands & IP Newsnotes - issue 7)
23 April 2018The well-known high street chicken restaurant, Nando’s, has attracted legal and national headlines in its pursuit of ‘copycat’ restaurant, Fernando’s, based in Reading.