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IPEC claims: clarification that the legal costs recovery cap of £50K is inclusive of VAT

The only exceptions to the cap on the recovery of legal costs is where a party behaves unreasonably (CPR 45.32) or where ‘Henderson’ exceptional circumstances apply
04 May 2020

ASA rulings point to a proactive regulatory approach during the COVID-19 crisis

While the ASA is adapting its regulatory approach to the COVID-19 crisis, recent rulings show a readiness to act when public health and consumer trust are at stake
30 April 2020

SkyKick: UK High Court issues eagerly anticipated decision

The UK High Court found a number of Sky’s trade marks partially invalid on the grounds of bad faith, but notwithstanding this, SkyKick was still found liable for infringement
30 April 2020

New EUIPO Common Practice Updates on Shape Trade Marks and Online Disclosure of Designs

The EUIPO has published two new Common Practices, the first relating to registrability of shape trade marks and the second relating to online design disclosure
24 April 2020

Copyright protection for original clothing designs

The UK applies the ECJ’s Cofemel decision and rules that 'complete conformity' with EU law precludes any requirement for artistic or aesthetic value in copyright works
17 April 2020

Blow for Nestlé as it fails to establish reputation of its 'ONE' trade mark

This case is a suitable reminder for brand owners when presenting evidence in support of its reputation, to cover the trade mark in its exact registered form
15 April 2020

How are Courts approaching commercial confidentiality?

The High Court has given further guidance on when confidentiality rings may be available to protect the commercial confidentiality of information and when they will not
30 March 2020

SkyKick: trade marks with broad specifications are valid unless registered in bad faith

The CJEU has held that the use of broad terms in a trade mark specification is not grounds for invalidity but a lack of intention to use the mark for those goods and services could amount to bad faith
14 February 2020

Seeing red: UK High Court holds Babybel's 'red wax' trade mark invalid

The UK IPO’s decision to invalidate the Babybel shape trade mark was upheld by the High Court due to lack of clarity and precision in the colour 'red'

13 February 2020

The CJEU examines 'genuine use' of the Green Dot 'recycling’ collective trade mark

Consumers are likely to be influenced to purchase goods where the packaging can be disposed of in an environmentally sound way, thus creating or maintaining a market share relating to those goods
30 January 2020

Artificial Intelligence ('AI'): Legal Liability Implications

The European Commission’s latest report considers emerging technologies incorporating AI and whether existing liability regimes offer adequate protection where products cause injury

30 January 2020

More brand owners face difficulties in registering and maintaining their 3D trade marks

The shapes of the Land Rover Defender, Rubik's Cube, KitKat chocolate bar and the London taxi are all well-known. However, recognition alone is insufficient for the UK and EU trade mark registries
07 January 2020
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