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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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What marketers need to know about TfL's new ad ban
Press
08 July 2016Brinsley Dresden's article "What marketers need to know about TfL's new ad ban" has been published on Campaign magazine's website.
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Green light for plain tobacco packaging
Press
16 June 2016We have written an article for Intellectual Property Magazine which discusses the recent High Court ruling on plain tobacco packaging.
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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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An industry caught out in a game of legal musical chairs
Press
08 March 2016James Sweeting has been quoted in an article by The Times which discusses a change in copyright law which will eventually provide stronger legal protection for the rights-holders of popular, older designs and could signal an end to replica designer homeware. There is speculation that the implementation of this new law could be accelerated.
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Should clients own rights to pitch ideas?
Press
29 January 2016Brinsley Dresden has been quoted in an article by Campaign which discusses the issue of intellectual property ownership in creative pitch scenarios. The piece focusses on the Science Museum’s process of paying £1,000 to own the IP of any ideas pitched by potential bidders.
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KitKat trademark battle: Nestlé v Cadbury
Press
29 January 2016James Sweeting has authored an article for The Times which discusses the High Court’s recent decision in Nestlé’s ongoing attempt to register the four-fingered KitKat bar as a UK trade mark. In the article, James explores the balance between allowing businesses to monopolise well-known aspects of their brand and the extent to which this could stifle fair competition.
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Lewis Silkin welcomes Baroness Neville-Rolfe to Brand Academy 2016
Press
25 January 2016Lewis Silkin was delighted to welcome Baroness Neville-Rolfe, DBE CMG, the Minister for Intellectual Property, as the keynote speaker at our flagship brand event Brand Academy 2016 - “The Power of Brands - Opportunity or Threat?” on 21 January 2016.
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Happy Birthday song copyright goes public: How one of history's most expensive birthday gifts was finally returned
Press
12 December 2015James Sweeting has been quoted in an Independent article on the copyright of the song 'Happy Birthday' going public.
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Happy Birthday's copyright goes public: How one of history's most expensive birthday gifts was finally returned
Press
11 December 2015James Sweeting has been quoted in an article by The Independent which looks at the recent legal dispute around the copyright to the song 'Happy Birthday To You'.
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Comment: Amazon cases reveal transatlantic trade mark contrasts
Press
10 December 2015Simon Chapman writes an article for Essential Retail on the legal implications of online marketplaces offering competitor's products when searched items are not in stock.
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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’).