‘Judgment in Sky trade mark saga clarifies both the law on bad faith registrations and the Supreme Court’s own remit. Brand owners must beware obtaining marks they have no intention of using.’
Law Society's Gazette, 17th November 2024
Source: www.lawgazette.co.uk
‘The property rights of Iceland’s largest fishing company prevail over the right to artistic expression of an artist who spoofed the firm’s website to draw attention to a high-profile corruption scandal, London’s high court has ruled.’
The Guardian, 14th November 2024
Source: www.theguardian.com
‘Important questions of UK copyright law are set to be considered by the Court of Appeal in London next year in a case in which a dispute has arisen over intellectual property rights relating to AGA cookers.’
Out-law.com, 31st October 2024
Source: www.pinsentmasons.com
‘The UK government is planning to end uncertainty around the use of copyright content as artificial intelligence (AI) training data in what appears to be good news for AI companies and creative industry stakeholders.’
OUT-LAW.com, 10th October 2024
Source: www.pinsentmasons.com
‘The French firm is opposing Rebecca Dowdeswell’s attempt to renew the trademark on the name of her business – nkd – in Leicester city centre.’
BBC News, 2nd August 2024
Source: www.bbc.co.uk
‘The Patents Court (Richards J) has dismissed Ericsson’s applications contesting the Court’s jurisdiction and seeking a strike out of elements of Lenovo’s claim. Richards J further dismissed Ericsson’s application in the alternative for a case management stay.’
Blackstone Chambers, 1st May 2024
Source: www.blackstonechambers.com
‘Directors of companies that infringe trade marks can only be held personally liable as an accessory to that infringement in the UK if they know that what their company was doing amounted to trade mark infringement, the UK’s highest court has confirmed.’
OUT-LAW.com, 15th May 2024
Source: www.pinsentmasons.com
‘The UK’s Intellectual Property Office (IPO) has issued updated guidelines for examining patent applications relating to artificial intelligence (AI) inventions just days before the Court of Appeal in London is due to hear arguments in a case that triggered the release of the revised guidance.’
OUT-LAW.com, 10th May 2024
Source: www.pinsentmasons.com
‘In December 2023, the Court of Appeal decided THJ Systems v Sheridan [2023] EWCA Civ 1354 and in doing so, illustrated my point nicely. That case involved a software which generated visual ‘risk and pie charts’. A representative example appears below. Both Mr Mitchell (the software developer) and Mr Sheridan (the software user) claimed to own the resulting visual images under section 9(3). This argument appeared in both the re-re-re- amended particulars of the claim (para 38.2) and the re-re-amended defence (para 49). The approved list of issues for trial (question 25) also explicitly directed the courts to determine who the author of the works was under section 9(3). With that in mind, one might expect the judgments of the High Court and Court of Appeal to interpret and apply s9(3).’
City Law Forum, 17th April 2024
Source: blogs.city.ac.uk
‘Technology’s exponential growth often outpaces that of the law. The persistence of outdated legal concepts that were not drafted with new technology in mind leads to legal uncertainty. This article focuses on one example of such a friction between old law and new technology, namely the eligibility of blockchain as a “database” for protection under the EU Database Directive, as implemented into UK copyright law. The most problematic requirement for blockchain as a candidate is that the material inside the database be “independent”. This can pose a significant hurdle for blockchain to succeed as the immutability of blockchain is ensured by the “linked-list” structure in between the blocks and the combinational hashing of data within the individual block. This article examines this issue and proposes a solution to this quandary: to divide the data recorded on a blockchain into “content” and “structure”, and confine the criterion of “independence” to the former. In reaching this solution, the author examines previous literature on the different types of data that can be found in databases, as well as how the concept of “independence” is understood by judges and academics. This article will be of practical significance for developers of non-open source blockchain applications who wish to protect their products as a database.’
Journal of Intellectual Property Law & Practice, 22nd March 2024
Source: academic.oup.com
‘A recent Court of Appeal judgment in a branding dispute between two UK supermarkets highlights the real challenge of appeals, an expert has said.’
OUT-LAW.com, 26th March 2024
Source: www.pinsentmasons.com
‘Tesco has been told to stop using its Clubcard Prices logo after losing a long legal battle with rival Lidl.’
BBC News, 19th March 2024
Source: www.bbc.co.uk
‘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.’
The Independent, 27th February 2024
Source: www.independent.co.uk
‘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.’
OUT-LAW.com, 5th February 2024
Source: www.pinsentmasons.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.’
OUT-LAW.com, 5th February 2024
Source: www.pinsentmasons.com
‘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.’
Law Society's Gazette, 30th January 2024
Source: www.lawgazette.co.uk
‘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.’
Law Society's Gazette, 22nd January 2024
Source: www.lawgazette.co.uk
‘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.’
OUT-LAW.com, 19th January 2024
Source: www.pinsentmasons.com
‘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.’
OUT-LAW.com, 18th January 2024
Source: www.pinsentmasons.com
‘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.’
Legal Futures, 19th January 2024
Source: www.legalfutures.co.uk
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