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Oh (no) Polly – clothing brand infringed the design rights of a direct competitor the High Court finds
The High Court has held that G4K Fashion Limited, trading as 'Oh Polly', has infringed UK unregistered design rights (UKUDR) and community unregistered design rights (CUDR) owned by Original Beauty Technology Company Limited (Original Beauty) by copying several of its 'bodycon' and 'bandage' garments. Original Beauty was, however, unable to establish passing off.
Read moreHold your horses: Raceday data dispute likely to head to Supreme Court
In a dispute, between suppliers of live betting and raceday data from racecourses, the Court of Appeal was asked to consider whether a duty of confidence could be applied to live sports data between its creation and broadcast when that information was available in real time. We look at the Court's decision, and the reasons for it, in more detail below.
Read moreBrexit – a guide to protecting your rights from 1 January 2021
Like many other areas of law, intellectual property (IP) will undergo a raft of changes overnight, when the Brexit transition period expires on December 31 2020.
Read moreNeat infringement claim leaves whiskey competitor’s trade mark on the rocks
The producers of Eagle Rare bourbon whiskey have succeeded in their trade mark infringement claim against competitor, American Eagle. The case highlights the impact of market-specific context in determining whether consumers are likely to be confused by similar trade marks. Whilst the case has general relevance, it will be of specific interest to alcohol and luxury goods brands.
Read moreCopyright: Online platform operators’ liability for users illegally uploading copyright material
C-682/18 Frank Peterson v Google LLC and others and C 683/18 Elsevier Inc. v Cyando AG EU:C:2020:586 – A-G opinion
Read moreToo many cooks… 'Fit Kitchen' trade mark infringed
On 29 July, Fit Kitchen Limited (FKL) won its case for trade mark infringement and passing off against Scratch Meals Limited (SML). Both FKL and SML provide healthy pre-prepared meals: FKL via an online subscription site, which allows users to customise meal choices, based on their individual macros and dietary preferences and SML, through the manufacture and sale of products to supermarkets.
Read moreBritish Gymnastics lands well in trade mark infringement proceedings
The national governing body (NGB) for Gymnastics in Britain has succeeded in trade mark infringement and passing off proceedings against an organisation using the sign “UK Gymnastics”, in a Judgment which is likely to assist several Sport England and UK Sport-funded NGBs. In particular, it shows how to deal with organisations using signs which suggest they are an NGB (when they are not).
Read moreSega’s early win against Man Utd in Football Manager trade mark case
As first published by leading sports law resource LawInSport, Jeremy Drew and Samuel Coppard discuss Man United’s trade mark infringement proceedings against Sega and Sports Interactive in relation to Football Manager.
Read moreAll change! No extension means major changes for IP rights holders from 1 January 2021
Under Article 132 of the Withdrawal Agreement, 30 June 2020 was the last day that the UK could have requested an extension to the Brexit transition period. The COVID-19 outbreak prompted many to speculate that a request would be made but the deadline passed, without event.
Read more'Nosecco' is a no-no, says the High Court
In recent years, health and wellbeing has been big business in the UK. The COVID-19 outbreak has only further stoked the desire to obtain and maintain healthy minds and bodies and the trend looks set to continue, across the retail sector.
Read moreLuxury and online marketplaces - the next chapter (Coty v Amazon)
On 2 April 2020, the CJEU ruled that storing infringing goods on behalf of a third-party seller, without knowing that those goods infringe trade mark rights does not constitute infringement, provided that the storing party does not pursue the aim of offering the goods for sale or putting them on the market.
Read moreLandmark case sees trade mark specifications cut down on grounds of bad faith.
Today, the High Court handed down judgment in Sky v SkyKick. The judgment follows the CJEU's 29 January 2020 decision, which answered various questions that the High Court had referred to it, back in June 2018.
Read moreCOVID-19 prompts changes to working arrangements for the Court of Justice of the European Union
Prompted by the COVID-19 pandemic, the CJEU announced, on 19 March 2020, that it will be temporarily changing its working arrangements.
Read moreEUIPO issues clarification on COVID-19 extension of time for trade mark and design proceedings
The EUIPO has issued a clarification in respect of Decision No EX-20-3 noting that the extension of deadlines in trade mark and design EUIPO proceedings to 1 May 2020 applies automatically.
Read moreSo Long Blues
Following our previous IP hub update, Glaxo has suffered fresh survey woes.
Read more15% increase in counterfeit goods seized in 2015
According to the "Report on EU Customs Enforcement of Intellectual Property Rights: Results at the EU Border 2015", the number of goods that were detained at the EU's external borders for suspected infringement of an IP right grew by an estimated 15% in 2015 compared with 2014.
Read moreSurveying the risks: RICS proposed updates tackling financial crime
Financial crime is on the rise. In response to the new technologies criminals are using, such as AI and cryptocurrency, RICS launched a consultation calling on members, regulated firms and key stakeholders to respond to its consultation on proposed changes to "The Financial Crime Standard" (The RICS Countering Financial Crime: Bribery, Corruption, Money Laundering, Terrorist Financing, and Sanctions Violation Professional Standard).
Read moreThe Week That Was - 30 May 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 23 May 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 16 May 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreSecuring electricity for development projects
Developers are facing significant delays in securing a point of connection, offer from a Distribution Network Operator (DNO), to reserve power on the grid for a new development site. In a challenging market, a development site that might be sold off with planning permission is more marketable if it benefits from reserved power.
Read moreExciting (no) development in valuer negligence claims
The key takeaway in the recent Court of Appeal decision in Bratt v Jones is that the test to establish valuer negligence remains unchanged.
Read moreRegulatory Radar: quick takes May 2025
Welcome to the latest edition of our bi-monthly Regulatory Radar: quick takes update, which collates the latest developments from across the UK’s regulators.
Read moreThe Week That Was - 9 May 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 2 May 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 25 April 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 17 April 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 11 April 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 4 April 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 28 March 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 21 March 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 14 March 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 7 March 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 28 February 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 21 February 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 14 February 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 7 February 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 31 January 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 24 January 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 17 January 2025
For this week's The Week That Was, we have taken a look back at the top construction cases of 2024, including many that were featured in previous TWTW editions.
Read moreA guide to buying and selling English residential property
We are seeing increased positivity in the English residential property market. In 2024, inflation reached the Bank of England’s 2% target, down from 11.1% in 2022, which was a significant factor in the return of consumer confidence and economic growth. Mortgage rates are falling slightly with approval rates at their highest level since 2022 as buyers continue to respond to increased certainty post-election. Property values are again on the rise while demand continues to outstrip supply.
Read moreThe Week That Was - 10 January 2025
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 20 December 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 13 December 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 6 December 2024
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 29 November 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 22 November 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 8 November 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 1 November 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
Read moreThe Week That Was - 25 October 2024
Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.
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