IP in tattoos, seriously? – Technology Law Update

Posted October 25th, 2013 in artistic works, copyright, intellectual property, news by sally

“There has been a lot of discussion over the last couple of years in the media about what intellectual property exists in tattoos and who owns it. It is likely that tattoos, if original artistic works, will be subject to copyright and the owner of copyright works is generally the person who created them, i.e. the tattoo artist.”

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Technology Law Update, 24th October 2013

Source: www.technology-law-blog.co.uk

The Intellectual Property Enterprise Court – not just a new name – Technology Law Update

Posted October 23rd, 2013 in courts, intellectual property, judiciary, jurisdiction, news by tracey

“On 1 October 2013, the Patents County Court (‘PCC’) was renamed the Intellectual Property Enterprise Court (‘IPEC’). Many practitioners just note it, in passing, as part of the effort by the Government to enhance the popularity of the PCC/IPEC – part of their agenda promoting innovation (particularly for small and medium sized enterprises), rather than a change with a significant impact on the law. However, to dismiss it as ‘just a new name’ would not be quite accurate.”

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Technology Law Update, 22nd October 2013

Source: www.technology-law-blog.co.uk

Performing Right Society Ltd v B4U Network (Europe) Ltd – WLR Daily

Posted October 18th, 2013 in appeals, artistic works, copyright, intellectual property, law reports by tracey

Performing Right Society Ltd v B4U Network (Europe) Ltd: [2013] EWCA Civ 1236;   [2013] WLR (D)  385

“Where a composition fell within the terms of an agreement assigning copyright to the Performing Right Society the effect of section 2(1) of the Copyright, Designs and Patents Act 1988 was to vest copyright in the society as soon as the work was created, notwithstanding an agreement with those commissioning the work which purported to assign to them all rights in future works.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

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.”

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The Lawyer, 14th October 2013

Source: www.thelawyer.com

Collective licensing bodies face £50,000 fine for non-compliant code – OUT-LAW.com

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).”

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OUT-LAW.com, 17th September 2013

Source: www.out-law.com

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

Source: www.bbc.co.uk

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.’ ”

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NIPC Law,  10th September 2013

Source: www.nipclaw.blogspot.co.uk

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.”

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The Independent, 15th August 2013

Source: www.independent.co.uk

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.”

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BBC News, 14th August 2013

Source: www.bbc.co.uk

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

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.”

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OUT-LAW.com, 9th August 2013

Source: www.out-law.com

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

“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.”

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OUT-LAW.com, 2nd August 2013

Source: www.out-law.com

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

Source: www.bbc.co.uk

Ruling highlights need for clear policy on social media account ownership, says expert – OUT-LAW.com

“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.”

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OUT-LAW.com, 11th July 2013

Source: www.out-law.com

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.”

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Technology Law Update, 5th July 2013

Source: www.technology-law-blog.co.uk

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.”

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Daily Telegraph, 5th July 2013

Source: www.telegraph.co.uk

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)).”

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Technology Law Update, 10th June 2013

Source: www.technology-law-blog.co.uk

Copyright law changes outlined by the Government – OUT-LAW.com

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.”

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OUT-LAW.com, 10th June 2013

Source: www.out-law.com

Ofcom anti-piracy code delayed until 2015 – OUT-LAW.com

“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.”

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OUT-LAW.com, 10th June 2013

Source: www.out-law.com

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

Source: www.iclr.co.uk

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.”

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NIPC Law, 28th May 2013

Source: www.nipclaw.blogspot.co.uk