The ‘halo effect’ that means Aldi will keep making copycat products – The Independent

Posted February 28th, 2024 in appeals, food, intellectual property, news, trade marks by sally

‘A long-running battle between Aldi and Marks & Spencer over light-up gin bottles is just the latest in a line of court cases the German discounter has faced with its brand rivals.’

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The Independent, 27th February 2024

Source: www.independent.co.uk

Growing AI litigation risk requires business response – OUT-LAW.com

‘The risk businesses face from litigation is changing as artificial intelligence (AI) tools become more popular. Businesses need to recognise this and consider the different kinds of risks associated with AI technology and how they might give rise to liability.’

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OUT-LAW.com, 5th February 2024

Source: www.pinsentmasons.com

Growing AI litigation risk requires business response – OUT-LAW.com

‘The risk businesses face from litigation is changing as artificial intelligence (AI) tools become more popular. Businesses need to recognise this and consider the different kinds of risks associated with AI technology and how they might give rise to liability.’

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OUT-LAW.com, 5th February 2024

Source: www.pinsentmasons.com

The wind cries arguable case: Hendrix rights case against Sony will go to trial – Law Society’s Gazette

Posted January 31st, 2024 in artistic works, copyright, intellectual property, news, striking out by tracey

‘Atrial concerning the copyright and performance rights of 1960s guitar legend Jimi Hendrix’s bandmates, bass guitarist Noel Redding and drummer “Mitch” Mitchell, is to go ahead, a judge has ruled.’

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Law Society's Gazette, 30th January 2024

Source: www.lawgazette.co.uk

Patent ‘secret commissions’ group claim set for trial – Law Society’s Gazette

Posted January 23rd, 2024 in class actions, intellectual property, law firms, news, patents by tracey

‘Allegations that intellectual property law firms earn millions of pounds a year in commissions secretly paid by patent renewal businesses are to be tested in a group claim following a Court of Appeal decision.’

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Law Society's Gazette, 22nd January 2024

Source: www.lawgazette.co.uk

UK government AI report confirms decision on protection of copyright works – OUT-LAW.com

‘The UK government’s response to the House of Lords Culture, Media and Sport Committee’s report on AI and the creative industries confirms its position on striking a balance between encouraging AI innovation and protecting copyright works, an expert has said.’

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OUT-LAW.com, 19th January 2024

Source: www.pinsentmasons.com

Trade mark ruling ‘first’ showing UK divergence from EU law post-Brexit – OUT-LAW.com

Posted January 19th, 2024 in appeals, brexit, EC law, intellectual property, news, time limits, trade marks by sally

‘A recent Court of Appeal ruling on trade mark infringement is the first clear example of a UK court consciously deciding to depart from a judgment of the Court of Justice of the EU (CJEU)after Brexit, an expert has said.’

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OUT-LAW.com, 18th January 2024

Source: www.pinsentmasons.com

CA allows representative action against IP law firm to go ahead – Legal Futures

Posted January 19th, 2024 in appeals, class actions, compensation, intellectual property, law firms, news by sally

‘The Court of Appeal has given the green light to a representative action against IP law firm Marks & Clerk (M&C) that alleges it “grossly overcharged” thousands of small businesses by operating a “secret commissions scheme” with IP management business CPA Global.’

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Legal Futures, 19th January 2024

Source: www.legalfutures.co.uk

AI cannot be an inventor under UK patent law, rules Supreme Court – OUT-LAW.com

‘Artificial intelligence (AI) systems cannot be the owner of, nor be transferred, patent rights in the UK, the Supreme Court has ruled.’

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OUT-LAW.com, 20th December 2023

Source: www.pinsentmasons.com

Is an Artificial Neural Network a computer programme ineligible for patent protection? – UK Human Rights Blog

‘This fascinating case is imperative reading for anyone not computer literate who wishes to understand the concept of an Artificial Neural Network. In recent times the courts have had to grapple with the difficulties of this concept in relation to traditional computers and software. This appeal raised new questions because it involved deciding whether the use of an aspect of Artificial Intelligence, namely an Artificial Neural Network (“ANN”), in the circumstances of this case, fell under section 1(2)(c) of the Patents Act 1977 which excludes from patent protection “a program for a computer … as such”..’

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UK Human Rights Blog, 23rd November 2023

Source: ukhumanrightsblog.com

Amazon online marketplace trade mark case comes before UK Supreme Court – OUT-LAW.com

Posted November 9th, 2023 in appeals, intellectual property, internet, news, Supreme Court, trade marks by sally

‘The extent to which holders of UK and EU trade mark rights can object to others using their marks to promote products listed for sale in online global marketplaces is to be considered by the UK Supreme Court in an upcoming case involving e-commerce giant Amazon.’

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OUT-LAW.com, 8th November 2023

Source: www.pinsentmasons.com

Speech by Mr Justice Foxton: The Beatles and the Law – Courts and Tribunals Judiciary

Posted October 30th, 2023 in artistic works, contracts, copyright, damages, intellectual property, news by tracey

‘A Talk to the Liverpool Business and Property Courts Forum, The Brett Lecture Theatre, Yoko Ono Lennon Centre, University of Liverpool.’

Full speech

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Courts and Tribunals Judiciary, 24th October 2023

Source: www.judiciary.uk

UK AI copyright code expected this autumn – OUT-LAW.com

‘A new code of practice aimed at balancing the rights of content creators with the desire of AI developers to train their systems using quality data is set to be finalised this autumn, Out-Law understands.’

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OUT-LAW.com, 31st August 2023

Source: www.pinsentmasons.com

Ambush marketing: Norwich Pharmacal Applications (Puma v TfL) – Mills & Reeve

Posted July 14th, 2023 in advertising, intellectual property, news, sport, trade marks by sally

‘Puma SE (Puma) brought an application against Transport for London (TfL) after TfL removed Puma’s adverts from Wembley Park Tube Station three days before the Women’s Euro finals.’

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Mills & Reeve, 13th July 2023

Source: www.mills-reeve.com

Percy Pigs: M&S reaches agreement with sweet company in dispute – BBC News

Posted June 9th, 2023 in food, intellectual property, news, trade marks by tracey

‘Marks & Spencer said it has reached an “amicable resolution” with a confectionery company in a row over the Percy Pigs sweets.’

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BBC News, 8th June 2023

Source: www.bbc.co.uk

How insolvency impacts intellectual property licenses – OUT-LAW.com

Posted June 1st, 2023 in insolvency, intellectual property, licensing, news by sally

‘Licensing is the backbone of many businesses, but many are unaware of how the current economic downturn could affect their operations as both licensees and licensors.’

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OUT-LAW.com, 30th May 2023

Source: www.pinsentmasons.com

Battle of the brands continues as Lidl seeks disclosure – Law Society’s Gazette

‘Tesco has undervalued the damage it did to the Lidl brand by its use of a blue and yellow logo to promote prices promotions, the High Court heard yesterday.’

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Law Society's Gazette, 23rd May 2023

Source: www.lawgazette.co.uk

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