Blog & News

Trade Mark Disputes: Why Likelihood of Confusion Isn’t Always Obvious

Likelihood of confusion is a key factor when looking at trade mark infringement cases. Practically, when looking at two similar brand names, you might think it obvious that consumers might…

What does a shark and a bull have in common?

The title of this blog post might sound like the start of a joke, however the recent decision by the UKIPO to block the registration of “GymBull” on grounds of…

Being Human in the Age of AI

Given that we are constantly barraged with news related to Artificial Intelligence (“AI”) in today’s world, it can be difficult to remember that AI was a relatively niche area of…

When an AI Search Engine Mentions Your Brand, Who Is Actually Speaking?

As AI-powered search becomes increasingly integrated into everyday online activity, courts are beginning to confront a question that would have seemed unimaginable only a few years ago: when an AI-generated…

What are my moral rights?

If you are a creator, artist or performer, you may have heard of moral rights, which are personal rights conferred on copyright owners and performers. Moral rights automatically exist in…

Can I rely on Section 3(6) of the Trade Marks Act, 1994?

Section 3(6) of the Trade Marks Act 1994, is an enforceable total refusal ground for opposing or invalidating a trade mark application or registration at the United Kingdom Intellectual Property…

Can Brands Really Control Where You Sell Their Products Online

The Court of Appeal has handed HOKA owner Deckers a significant victory in a case that could shape how premium brands control online sales in the future. The dispute started…

Post-sale confusion – what is it, and what does it mean for your business?

The influential Supreme Court decision in the UK in Iconix v Dream Pairs [2025] UKSC 25 has shaken up trade mark law significantly. Without dissecting the case in detail, the Supreme…

What Most Start-ups Get Wrong About Intellectual Property (And How to Fix It)

Intellectual property is one of the most widely misunderstood areas of law. Every day, we meet brilliant start-ups with exceptional products, innovative ideas and the capital to build successful businesses,…

Who’s afraid of little old trade mark law?

In an ever-increasing trend of public figures applying for trade mark registrations, the latest to apply for one is Taylor Swift. The artist has applied for two sound marks, namely;…

Dua Lipa v Samsung – a UK IP Perspective

Recent headlines have seen pop star Dua Lipa take on technology giant Samsung, issuing proceedings in the United States in relation to the alleged use of her image on Samsung…

Collaborating on IP – drafting considerations

As intellectual property lawyers, we see a broad spectrum of IP arrangements and draft in line with our clients’ commercial objectives. In an ideal world, ownership structures are straightforward: one…

Copycat Culture: When Inspiration Crosses the Line into Infringement

The idea that “good artists copy and great artists steal” was popularised by Steve Jobs in the development of the Mackintosh but is generally attributed to Pablo Picasso. The idea…

Can a foreign trade mark be well known in the EU without being used there? The Frisby case

The dispute between FRISBY COLOMBIA and FRISBY ESPAÑA has taken another turn and it raises a question that does not often come up in practice. How do you show that…

Your Brand Is Growing – But Is Your Trade Mark Protection Keeping Up?

Scaling a business is exciting. New markets, new channels and new product lines. Growth creates momentum, however, there’s a silent legal risk that catches even savvy founders off guard: your…

I want to stop AI from using my face; can my face be registered as a trade mark?

Luke Littler recently made an application to the UK Intellectual Property Office (UKIPO) to trade mark his face across a wide range of services. This application was recently published. We…

Can You Really Own an Idea? The IP Myths That Won’t Go Away

Intellectual Property is said to protect “creations of the mind”. However, despite popular belief, it doesn’t protect ideas (more on this below). In this blog, we explore (and bust) the…

When IP rights are on the sleeve: can a football sponsorship deal end in a zero-sum outcome?

A recent decision from the Milan court offers an interesting look at how sponsorship agreements are treated in football. The case concerned a three-year sleeve sponsorship deal between a Cyprus-based…

I Don’t Like It… Picasso – Pablo Picasso’s great-grandson fails in trade mark opposition

A trade mark opposition brought by Florian Ruiz-Picasso (great-grandson of famous artist Pablo Picasso) (the “Opponent”) against UK trade mark application no. UK00003882180 for ‘PICASSO’ in class 33 (the “Application”)…

What can I do to protect my confidential information?

Whilst there are various IP rights covering various IP (think trade marks, copyright, design rights), not everything fits squarely into these boxes. Whilst IP rights cannot protect an idea or…

ICO Fees and GDPR Fines for Small Businesses and Sole Traders

Many small businesses and sole traders are unaware that they may have a legal obligation to pay the ICO data protection fee. But if you process any personal data as…

Kylie, Berghain and the limits of a good pun

I’m Cassine, one of Briffa’s associates … and our resident DJ. I was scrolling social media when I came across a story I couldn’t resist – A DJ act receiving…

When is a trade mark just a product designation?

Can a sign that looks more like a product code than a brand really be used as a trade mark. That was the uncomfortable question at the heart of the…

Can a Trade Mark Owner Really “Acquiesce” While Their Mark Has Been Cancelled?

One of the more curious questions in EU trade mark law is what happens when a proprietor’s rights disappear temporarily, not because they abandoned them, but because an authority wrongly…