BeReal v BeReal: Trademark battle set to go to tribunal – BBC News

Posted May 19th, 2023 in intellectual property, news, trade marks by tracey

‘A small business owner who is in a naming rights row with a French social media app that has the same name has hit out at its “threatening” conduct. Batool Zaidi filed to register the name of her womenswear company, BeReal, in the UK in November 2020 – a year before the French namesake filed in the UK.’

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BBC News, 19th May 2023

Source: www.bbc.co.uk

End of the road for wishful thinking in asset valuations? – Pensions Barrister

Posted April 25th, 2023 in chambers articles, intellectual property, news, trusts, valuation by sally

‘Paul Newman KC has written a summary of the FTT decision in Morgan Lloyd Trustees Limited & ors v HMRC (31 March 2023). The case concerns the appropriate approach to the valuation of intellectual property rights (including domain names), and will be bad news for trustees hoping to rely on eyebrow-raising expert valuations to escape scheme sanction charges.’

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Pensions Barrister, 25th April 2023

Source: www.pensionsbarrister.com

UK High Court decision paves the way on setting global FRAND royalty rate – OUT-LAW.com

Posted March 17th, 2023 in intellectual property, licensing, news, patents, telecommunications by tracey

‘The High Court in London has issued its first global fair, reasonable and non-discriminatory (FRAND) licensing decision since the UK Supreme Court’s landmark Unwired Planet ruling in 2020, confirming the approach taken by the judge in that case.’

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OUT-LAW.com, 16th March 2023

Source: www.pinsentmasons.com

Case Preview: Lifestyle Equities C.V. and Anor v Ahmed and Anor – UKSC Blog

‘In this post, Mark Chapman and Alisha Young (both associates within the Insurance Group at CMS) preview the decision awaited from the Supreme Court in Lifestyle Equities C.V. and Anor v Ahmed and Anor. The appeal was heard by the Supreme Court on 20 & 21 February 2023 and judgment is presently awaited.’

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UKSC Blog, 8th March 2023

Source: ukscblog.com

Performers make pitiful returns on streaming their music, MPs say – The Independent

Posted January 13th, 2023 in artistic works, intellectual property, internet, news, remuneration by tracey

‘Performers and creators are making a “pitiful” amount of money from streaming their music online, MPs have said. Musicians should receive a fairer share of revenues and there should be a “complete reset” of the streaming market, according to the digital, culture, media and sport (DCMS) committee.’

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The Independent, 23rd January 2023

Source: www.independent.co.uk

Kanye West song ‘Power’ at centre of London High Court royalties dispute – The Independent

Posted January 6th, 2023 in artistic works, copyright, intellectual property, news by tracey

‘A judge has outlined detail of the dispute between Declan Colgan Music Ltd and UMG Recordings, Inc in a ruling on a preliminary legal issue.’

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The Independent, 5th January 2023

Source: www.independent.co.uk

Fraudster sentenced for scam to deprive SKY TV of potentially over £13m revenue – Crown Prosecution Service

‘Halton Mark Anthony Powell, 44, has been sentenced to two years and four-and-a-half months after pleading guilty to supplying articles for use in a fraud at Southwark Crown Court on 11 November 2022.’

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Crown Prosecution Service, 11th November 2022

Source: www.cps.gov.uk

UK Retained EU Law Bill’s impact on intellectual property – OUT-LAW.com

Posted November 11th, 2022 in bills, brexit, copyright, EC law, intellectual property, news, trade marks by tracey

‘The Retained EU Law (Revocation and Reform) Bill will fundamentally change the UK’s post-Brexit legal landscape if it becomes law, including impacting intellectual property (IP) related legislation.’

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OUT-LAW.com, 10th November 2022

Source: www.pinsentmasons.com

Descendant of Doctor Zhivago author loses copyright court case – The Guardian

Posted October 26th, 2022 in artistic works, copyright, intellectual property, news by sally

‘A descendant of the Doctor Zhivago author, Boris Pasternak, has lost a claim for copyright infringement against the writer of a novel about the publication of the Russian epic.’

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The Guardian, 25th October 2022

Source: www.theguardian.com

House of Zana boutique owner celebrates trademark win against Zara – The Guardian

Posted September 2nd, 2022 in intellectual property, news, trade marks by tracey

‘A boutique owner who took on the world’s largest fashion retailer and won is urging other independent stores to stand up to big business.’

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The Guardian, 31st August 2022

Source: www.theguardian.com

Business owner in trademark dispute with Microsoft – BBC News

Posted August 22nd, 2022 in intellectual property, news, trade marks by tracey

‘A woman said she was “devastated” to be in a dispute with Microsoft over the name of her business that helps children with literacy.’

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BBC News, 22nd August 2022

Source: www.bbc.co.uk

The UK Intellectual Property Office’s Consultation on Computer-Generated Works – City Law Forum

‘The UK Copyright, Designs and Patents Act 1988 contains an odd section concerning ‘computer-generated works’. Section 9(2) of the Act states that when a work has no ‘human author’ and is generated by a computer, the work ought to be protected by copyright for 50 years, with the copyright owned by the person who made the necessary ‘arrangements’ for the work’s generation.’

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City Law Forum, 29th June 2022

Source: blogs.city.ac.uk

Bonnet de douche, Rodney! Del Boy becomes a literary work in court ruling – The Guardian

Posted June 9th, 2022 in artistic works, copyright, intellectual property, news by sally

‘Derek “Del Boy” Trotter, the aspirational market trader in the TV sitcom Only Fools and Horses, would probably raise a proud lovely jubbly toast to his newly acquired status of “literary work” following a high court copyright ruling he would hail as cushty.’

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The Guardian, 8th June 2022

Source: www.theguardian.com

Appeal court deprecates “act of deliberate concealment” by party – Legal Futures

Posted May 11th, 2022 in appeals, civil justice, disclosure, intellectual property, news, trade marks by sally

‘Civil litigation should be conducted “with cards on the table – face up” and the courts should not “sanction an act of deliberate concealment” by one of the parties, appeal judges have ruled.’

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Legal Futures, 10th May 2022

Source: www.legalfutures.co.uk

Ed Sheeran wins Shape of You copyright case and hits out at ‘baseless’ claims – BBC News

Posted April 6th, 2022 in artistic works, copyright, intellectual property, news by sally

‘Ed Sheeran has won a High Court copyright battle over his 2017 hit Shape of You.’

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BBC News, 6th April 2022

Source: www.bbc.co.uk

Trade mark dispute provides lessons on costs, confusion and consent – OUT-LAW.com

Posted March 18th, 2022 in consent, costs, intellectual property, news, trade marks by tracey

‘A recent costs ruling shows that brands should think twice before claiming directors are jointly liable with their company for the infringement of their intellectual property (IP) rights. The costs ruling concerned a dispute over trade mark rights heard recently by the High Court in London. Its judgment in the case, involving rival property management companies Urbanbubble and Urban Evolution, shows how difficult it is for brand owners to rely on evidence purportedly showing actual confusion over who operates their brand, to demonstrate trade mark infringement. It further highlights the care trade mark owners must take when engaging with other brands to avoid inadvertently giving competitors permission to use similar trade marks.’

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OUT-LAW.com, 17th March 2022

Source: www.pinsentmasons.com

‘Music is so different now’: Copyright laws need to change, says legal expert – The Guardian

Posted March 14th, 2022 in artistic works, copyright, intellectual property, internet, interpretation, news by tracey

‘Songwriters such as Ed Sheeran face a future of drawn out legal battles because the way in which people consume music has changed so much in the past half a century, a leading legal expert has warned, as she urged courts to reconsider how they interpret copyright law.’

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The Guardian, 13th March 2022

Source: www.theguardian.com

Speech by Lord Justice Birss at the UCL and Intellectual Property Awareness Network event – Courts and Tribunals Judiciary

Posted March 10th, 2022 in intellectual property, judiciary, small businesses, small claims, speeches by tracey

‘Lord Justice Colin Birss, Deputy Head of Civil Justice, gave the keynote speech at the University of College London and Intellectual Property Awareness Network (IPAN) event. In his speech, entitled “Can the IP system serve small businesses better?”, he said: “In its broadest sense intellectual property is doing its job most acutely when it is in a David and Goliath situation.”‘

Full speech

Courts and Tribunals Judiciary, 9th March 2022

Source: www.judiciary.uk

Ed Sheeran’s Shape Of You copyright row set for High Court trial – The Independent

Posted March 4th, 2022 in artistic works, copyright, intellectual property, news by tracey

‘Ed Sheeran’s hit song Shape Of You is at the centre of a High Court copyright row. Sheeran is involved in a legal battle with two songwriters who claim the 2017 hit rips off parts of their song Oh Why, and a three-week trial is due to start on Friday in London.’

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The Independent, 4th March 2022

Source: www.independent.co.uk

Only Fools and Horses firm sues creators of ‘cushty’ dining events – The Guardian

Posted March 2nd, 2022 in artistic works, copyright, intellectual property, news by sally

‘It’s just the sort of ersatz product that would have made Del Boy proud – but the makers of Only Fools and Horses are suing an unauthorised immersive theatre show based on the BBC sitcom for copyright infringement.’

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The Guardian, 1st March 2022

Source: www.theguardian.com