CoA rules Scrabble tile trademark to be invalid – The Lawyer

Posted October 15th, 2013 in appeals, intellectual property, news, trade marks by sally

“An attempt by the makers of Scrabble to protect its iconic letter tiles from imitations by claiming trademark rights has been thrown out by the Court of Appeal.”

Full story

The Lawyer, 14th October 2013


Collective licensing bodies face £50,000 fine for non-compliant code –

Posted September 17th, 2013 in codes of practice, copyright, fines, intellectual property, licensing, news by sally

“The Government could fine collective licensing bodies up to £50,000 if they fail to implement a compliant code of practice governing their activities, according to plans outlined by the Intellectual Property Office (IPO).”

Full story, 17th September 2013


Dyson sues Samsung over new vacuum’s steering mechanism – BBC News

Posted September 10th, 2013 in intellectual property, news, patents by tracey

“British manufacturer Dyson is suing Samsung over claims that the South Korean firm ‘ripped off’ one of its inventions.”

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BBC News, 10th September 2013


Passing off – Fenty v Topshop – NIPC Law

Posted September 10th, 2013 in intellectual property, misrepresentation, news, photography, sale of goods by tracey

“Mr. Justice Birss summarized the issues in Fenty and Others v Arcadia Group Brands Ltd (t/a Topshop) and Another [2013] EWHC 2310 (Ch), [2013] WLR(D) 310 admirably in paragraph [1] of his judgment in that case: ‘Topshop is a well known fashion retailer. Rihanna is a famous pop star. In March 2012 Topshop started selling a t-shirt with an image of Rihanna on it. The image was a photograph taken by an independent photographer. Topshop had a licence from the photographer but no licence from Rihanna. Rihanna contends that the sale of this t-shirt without her permission infringes her rights. Topshop does not agree. This action is the result.’ ”

Full story

NIPC Law,  10th September 2013


Red Bull backs down over name dispute with Redwell brewery – The Independent

Posted August 16th, 2013 in intellectual property, news, trade marks, trade names by tracey

“The makers of the energy drink Red Bull have announced they will not proceed with a legal challenge against the Redwell brewery using its name on its beers because it is too similar.”

Full story

The Independent, 15th August 2013


Red Bull pursues Redwell brewery in Norwich over name – BBC News

Posted August 15th, 2013 in intellectual property, news, trade marks, trade names by sally

“A Norfolk micro brewery has been told it must change its name or face legal action, because it sounds too similar to the energy drink Red Bull.”

Full story

BBC News, 14th August 2013


Trade mark owner wins right to block proposed new ‘top-level’ domain –

Posted August 12th, 2013 in arbitration, domain names, intellectual property, internet, news, trade marks by sally

“A trade mark owner has won the right to stop its mark being adopted as a new generic ‘top-level’ domain (gTLD) by a rival company.”

Full story, 9th August 2013


Information sharing with new IP crime police unit can help rights holders obtain redress for infringements, says expert –

“The establishment of a dedicated police unit for investigating and prosecuting against individuals involved in intellectual property (IP) crime can help rights holders obtain redress for the infringement of their rights, an expert has said.”

Full story, 2nd August 2013


Rihanna wins Topshop T-shirt court case – BBC News

Posted August 1st, 2013 in intellectual property, misrepresentation, news, photography by sally

“Pop singer Rihanna has won a legal battle with clothing retailer Topshop over a T-shirt bearing her image.”

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BBC News, 31st July 2013


Ruling highlights need for clear policy on social media account ownership, says expert –

“A ruling by the High Court has highlighted the need for businesses to operate a ‘clear policy’ on ownership of social media accounts used by staff for business purposes, an expert has said.”

Full story, 11th July 2013


Can you spot the difference? New research published on the impact of lookalike products – Technology Law Update

“We are continually hearing about the inherent value of a brand. A well established brand helps customers identify the product they’re buying and can reassure them about the quality they can expect. It is therefore no surprise that other companies often try to piggyback off well established brands in order to sell their similar product.”

Full story

Technology Law Update, 5th July 2013


Monty Python loses Spamalot royalties battle – Daily Telegraph

Posted July 5th, 2013 in compensation, intellectual property, news by tracey

“The stars of Monty Python face paying out an estimated £200,000 to a former colleague after a judge ruled he should receive a share of the royalties for the musical comedy Spamalot.”

Full story

Daily Telegraph, 5th July 2013


The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

Interflora v Marks and Spencer- take care when using keywords! – Technology Law Update

Posted June 10th, 2013 in advertising, intellectual property, internet, news, trade marks by sally

“The High Court has recently ruled in Interflora’s favour in its long-running dispute with Marks and Spencer (Interflora, inc and Interflora British Unit v Marks and Spencer plc and Flowers Direct Online Limited [2013] EWHC 1291 (Ch)).”

Full story

Technology Law Update, 10th June 2013


Copyright law changes outlined by the Government –

Posted June 10th, 2013 in bills, consultations, copyright, intellectual property, news by sally

“Media outlets will have a new right to make limited use of quotes published by rival news organisations under changes to copyright law proposed by the Government.”

Full story, 10th June 2013


Ofcom anti-piracy code delayed until 2015 –

“Internet users who are suspected of illegally downloading copyrighted material will not be sent warning letters about their behaviour until the second half of 2015 at the earliest, the Government has confirmed.”

Full story, 10th June 2013


Interflora Inc and another v Marks and Spencer plc and another – WLR Daily

Interflora Inc and another v Marks and Spencer plc and another [2013] EWHC 1291 (Ch); [2013] WLR (D) 206

“There was no rule in European trade mark law that the use of a sign in context was deemed to convey a single meaning in law even if it was in fact understood by different people in different ways.”

WLR Daily, 21st May 2013


The Intellectual Property Bill – NIPC Law

Posted May 29th, 2013 in bills, intellectual property, news, patents, reports by sally

“In Digital Opportunity, A Review of Intellectual Property and Growth Professor Ian Hargreaves made 10 recommendations for IP policy which I discussed at length in “IP Policy: Does Hargreaves say Anything New?” 24 June 2011. Some of those recommendations required primary legislation. Others did not. As I said in my article, Hargreaves was not the first review of IP policy in recent years and most of the previous ones had been left to gather dust. I suspected the same would happen to Hargreaves.”

Full story

NIPC Law, 28th May 2013


Copyright owners to help set meaning of ‘diligent search’ in orphan works reforms, says IPO –

Posted May 7th, 2013 in copyright, intellectual property, licensing, news, photography by sally

“Photographers and other rights holders will help define what constitutes a ‘diligent search’ for the author of copyrighted material as part of reforms to rules on ‘orphan works’ licensing, has learned.”

Full story, 7th May 2013


Stripping of ‘metadata’ from digital files will not automatically mean creative works become ‘orphans’, says IPO – OUT-

Posted May 3rd, 2013 in copyright, intellectual property, internet, news, photography, reports by tracey

“The absence of ‘metadata’ from digital files will not automatically mean that
creative material would be ‘orphan works’, the Intellectual Property Office
(IPO) has said.”

Full story, 2nd May 2013


Copyright law reforms in pipeline after Royal Assent given to Enterprise and Regulatory Reform Bill –

Posted April 30th, 2013 in bills, copyright, intellectual property, legislation, news, regulations by sally

“New legislation that will impact on the UK’s intellectual property (IP) law framework has received Royal Assent.”

Full story, 29th April 2013