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IPO doesn’t see anything wrong with Specsavers’ trade mark (Brands & IP Newsnotes - issue 3)
23 October 2016Specsavers has managed to get its application to register “should’ve” (as in, “should’ve gone to Specsavers”) past the examination stage at the UK’s Intellectual Property Office (IPO).
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Can you tell what it is yet? (Brands & IP Newsnotes - issue 3)
23 October 2016Those looking to register shapes as trade marks have had a tough time of it recently. Attempts to register the shape of a Kit Kat, various bottles and a toothbrush have all recently failed in the UK and EU.
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Naughty pics and controversial clicks - new guidance on hyperlinks to third party content
09 September 2016The Court of Justice of the European Union yesterday released its judgment in GS Media v Sanoma, which is the latest in a series of judgments on the legality of posting links to third party content on the internet.
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IPO waves through “should’ve” trade mark application
17 August 2016In a trade mark application that will raise a few bespectacled eyebrows, Specsavers has successfully managed get its application to register “should’ve” (as in, “should’ve gone to Specsavers”) past the examination stage at the UK’s Intellectual Property Office.
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What are the legal implications of Brexit for Intellectual Property Rights?
21 July 2016Will the UK government negotiate membership of the European Economic Area (EEA) (like Norway for example), or will it decide to divorce itself more completely from the EU and its trade/legal systems?
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To register or not to register… that is the question (Brands & IP Newsnotes - Issue 2)
28 March 2016Just because you can register your intellectual property, it doesn’t mean that you should. Sometimes attempts to register can have unintended consequences, as YouTube stars, the Fine Brothers, recently found out.
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The lesser spotted shape mark (Brands & IP Newsnotes - Issue 2)
28 March 2016A picture says a 1000 words or so the saying goes. So what about a shape? Several recent decisions have underlined the difficulties that can arise in trying to use shapes to protect a brand.
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Stop monkeying around (Brands & IP Newsnotes - Issue 2)
28 March 2016A judge in California has put a stop to all the monkey business surrounding the idea that animals can own copyright, in California at least.
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‘Glee’ less than happy after trade mark strife (Brands & IP Newsnotes - Issue 2)
28 March 2016We’re all familiar with the classic trade markdispute. But can you sue for trade markinfringement if the brand using your name is actually more famous than your own? In February, the Court of Appeal said you could.
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Trading secrets safely in Europe (Brands & IP Newsnotes - Issue 2)
28 March 2016In December 2015, while most of us were busy wrapping presents and eating mince pies, the representatives of the European Parliament and Council agreed the text of the Trade Secrets Directive.
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Play those bars again and end up behind… bars (Brands & IP Newsnotes - Issue 2)
28 March 2016The High Court has handed down a custodial sentence of 28 days for breach of an injunction against copyright infringement, albeit suspended for a period of 18 months. Two points rang out.
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Kylie v Kylie (Brands & IP Newsnotes - Issue 2)
28 March 2016It isn’t often that trade mark oppositions receive mainstream media attention. Kylie Minogue has bucked that trend by filing an opposition to reality TV star Kylie Jenner’s trade mark application for ‘Kylie’ in the US.
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But we settled that! (Brands & IP Newsnotes - Issue 2)
28 March 2016Parties will understandably often be relieved to sign on the dotted line of that “full and final” settlement agreement. But two decisions of the High Court earlier this year may give pause for thought. What is the practical effect of such a settlement and is it really what the parties want?
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Pheasant sick as a parrot
21 March 2016Today, 21 March 2016, HHJ Pelling handed down his judgment in relation to the account of profits element of the long-running dispute between Jack Wills and House of Fraser over the use of a logo consisting of a pigeon with a top-hat and bow-tie on some of its own-brand “Linea” products. The logo was found by Mr Justice Arnold to infringe Jack Wills’ rights in its “Mr. Wills” pheasant with a top-hat and a cane.
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Access to justice: IPEC 1 - MoJ 0 (Brands & IP Newsnotes - issue 1)
27 September 2015Conducting litigation in a cost effective and proportionate manner can be a challenge, especially if it involves big brand owners going toe to toe. But help is at hand in the form of the Intellectual Property Enterprise Court (‘IPEC’).
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It never rains, but it pours…(Brands & IP Newsnotes - issue 1)
27 September 2015Registered designs are used to protect the appearance of products. In considering whether to allow registration, several factors come into play: what else is already out there (the ‘prior art’); who will use it (the ‘informed user’); and what ‘degree of freedom’ does the designer have in arriving at the particular design?
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EU trade mark reforms come closer (Brands & IP newsnotes - issue 1)
27 September 2015Seven years after the European Commission started its evaluation of the European trade marks framework, the texts of the new proposed legislation were finally published in June 2015.
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What’s New Copycat? (Brands & IP newsnotes - issue 1)
27 September 2015Last year, consumer group Which? carried out a comprehensive survey of the copycat product packaging market in the UK. It found that over 150 of retailers’ own-label products “mimicked” the market-leading brand-owner’s packaging.
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When “logos” turn into “no-goes” (Brands & IP Newsnotes - issue 1)
27 September 2015As we move even deeper into an age of digital advertising and social media, it is becoming increasingly important for businesses to have a short hand for their brand; something which denotes the business, stands out as a guarantee of origin and makes the brand instantly recognisable. We’re talking about logos.
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A copyright work in 140 characters? (Brands & IP Newsnotes - issue 1)
27 September 2015It isn’t easy to keep your social media followers entertained with rafts of enthralling and hilarious new material.