Rosie Burbidge
Rare defeat for easyGroup
easyGroup, which owns the IP rights for companies such as easyJet and easyHotel, has been active, and largely successful, in bringing...
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Rosie Burbidge
Sep 29, 20212 min read
The rudimental rules of copyright infringement
The popular song Waiting All Night by the band Rudimental was not copied from a 2007 song Can You Tell Me, performed by Kelly-Marie...
Rosie Burbidge
Sep 29, 20212 min read
Court of Appeal divided over disclosure
Can confidential discussions between parties in the UK be disclosed in parallel litigation in the US? The Court of Appeal was divided on...
Rosie Burbidge
Sep 29, 20212 min read
Speedy justice in design case
In what may be a record for an IP case in the UK, the trial in Lutec (UK) Ltd & Ors v Cascade Holdings Ltd & Anor [2021] EWHC 1907 (Pat)...
Rosie Burbidge
Sep 2, 20213 min read
Cheers to a rare EAGLE trade mark decision
This Court of Appeal decision is a helpful reminder that a lack of evidence of actual confusion is not necessarily fatal to a finding of...
Rosie Burbidge
Sep 2, 20213 min read
Descriptive marks beware: Judge rejects Oatly trade mark case
Oatly has hit a brick wall in its attempt to stop third parties from selling oat milk using the word "OAT" plus the letter "Y". A...
Rosie Burbidge
Sep 2, 20212 min read
LITECOIN - crypto trade mark application is passing off
An application to register a trade mark can constitute passing off, according to a recent judgment by Deputy High Court Judge John...
Rosie Burbidge
Aug 5, 20213 min read
SKY brings good news for broad trade marks
A common trade mark filing strategy in the UK and EU is to file a broad trade mark specification. A broad specification makes enforcement...
Rosie Burbidge
May 11, 20212 min read
Chanel and Huawei logos are dissimilar
The EU General Court has upheld a Board of Appeal ruling in a dispute between Chanel and Huawei, finding that Huawei’s EUTM application...
Rosie Burbidge
May 1, 20212 min read
Database extraction was authorised
This was a complex dispute concerning a claims management database. It involved alleged infringement of a database right, misuse of...
Rosie Burbidge
May 1, 20213 min read
Which IP rights subsist in an XML Schema?
Disputes relating to software are often complex, with multiple parties and issues involved. However, they can also illuminate important...
Rosie Burbidge
Mar 9, 20212 min read
Who owns copyright works that an employee creates at home?
One of the highlights of the pandemic has been the opportunity to catch up on a lifetime's worth of TV. Fortunately, there are some truly...
Rosie Burbidge
Feb 22, 20213 min read
Targeting and trade marks - Beverly Hills Polo Club takes on the Amazon
When is an online marketplace “targeting” consumers in a particular jurisdiction? This was the question that Mr Justice Michael Green...
Rosie Burbidge
Aug 19, 20202 min read
Smells like IP infringement?
The fashion industry is no stranger to IP disputes. In the last year, The IPKat has written about disputes involving Zara, Nike and Nike...
Rosie Burbidge
Aug 19, 20202 min read
How do you get copyright protection?
Throughout Europe, and indeed in most jurisdictions worldwide, copyright arises automatically upon the creation of the work. Copyright is...
Rosie Burbidge
Aug 19, 20201 min read
Intellectual property rights - it's never too early to think about them
Fashion is built on intellectual property rights. The brand is protected by trade marks. The clothing and accessory design by design...
Rosie Burbidge
Aug 19, 20201 min read
Introducing intellectual property
Without intellectual property rights it would be virtually impossible for the European fashion industry to continue. These rights enable...
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