Rosie Burbidge
China joins the Hague System
China has been steadily overhauling its IP system for well over a decade. Last week, in the latest development, China joined WIPO’s Hague...
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Rosie Burbidge
Feb 27, 20222 min read
When does an arbitration clause apply to trade mark infringement proceedings?
The Court of Appeal recently found that a company which had acquired the BEVERLY HILLS POLO CLUB trade marks was bound by an arbitration...
Rosie Burbidge
Feb 27, 20222 min read
What do you think of the UK designs system?
The UK Intellectual Property Office (UKIPO) has launched a call for views on the designs system. It says this will “help us better...
Rosie Burbidge
Feb 27, 20222 min read
What is the Unitary Patent and why does it matter to you?
The unitary patent represents the biggest change to the IP landscape in Europe since the Community Trade Mark (now EUTM). Even if you’re...
Rosie Burbidge
Feb 27, 20222 min read
How should an IP licence agreement be interpreted?
What happens when two parties cannot agree about the interpretation of an IP licence agreement? This question was recently examined by...
Rosie Burbidge
Jan 29, 20222 min read
Can UK courts grant pan-EU injunctions in proceedings began pre-Brexit ?
In short, yes: the UK courts can grant a pan-EU injunction in proceedings that were pending on 31 December 2020, the day the UK left the...
Rosie Burbidge
Jan 29, 20222 min read
What's the risk of filing a takedown notice?
A legal action for unjustified threats is a serious risk that trade mark owners run when making allegations of infringement, including by...
Rosie Burbidge
Sep 29, 20214 min read
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...
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
Sep 2, 20211 min read
The post-Brexit clock is ticking - don't miss out!
We first wrote about the impact of Brexit on UK trade marks over a year ago. We are now over 6 months in since the UK's departure from...
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
Jun 23, 20212 min read
Is Cybersquatting a big problem?
In short, "yes". Cybersquatters are a growing threat to brands. This trend has accelerated as e-commerce grows and consumers spend more...
Rosie Burbidge
Jun 14, 20211 min read
Have your say about the exhaustion of IP rights in the UK
An integral part of the UK intellectual property system has been a focus on balancing creator protection with fair competition and...
Rosie Burbidge
Jun 14, 20212 min read
What does MADE IN BRITAIN mean?
After the many logistical issues posed by both Brexit and the pandemic and with sustainability at the forefront of everyone's mind, it is...
Rosie Burbidge
May 28, 20212 min read
Judge backs employees in trade secrets contract case
The High Court has recently provided guidance for employees in relation to the Recast Brussels Regulation. This guidance can be neatly...
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