Blog & News

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…

The 5 Hidden Risks of Relying on the Madrid System (and How to Avoid Them)

The Madrid System is often presented as the simplest and most cost-effective way to secure trade mark protection in many countries through one application. In many cases this is true,…

Is my database protected by copyright?

Databases are an increasingly important tool in digital economies that revolve ever more around the use and exploitation of data and information. In the UK, there are a few different…

Beat By Debra – Beats loses trade mark opposition

Beats Electronics, LLC (“Beats”) has failed in its opposition against UK trade mark application no. UK00003932232 in class 9 (the “Application”) filed by Enping Yin Peng E-Commerce Co., Ltd. (“Enping”).…

Can I trade without a registered trade mark?

It is possible to trade in the UK without a registered trade mark. However, trading without registration comes with limitations and risks which should be understood before a brand is…

FIFA, Netflix and IP Licensing: What’s Really Being Licensed?

When headlines announce that FIFA is partnering with Netflix on a new game, the commercial story is obvious: two global entertainment giants teaming up to capture fans’ attention. But behind…

Can You “Copyright” a Person in the Age of Deepfakes?

Denmark may be on the brink of reshaping how the law protects individuals against deepfakes. A draft bill currently under consultation proposes to amend the Danish Copyright Act to introduce…

Can the New EU Design Regulation Kill an Infringement Claim Overnight?

The EU design law reform, effective largely from 1 May 2025, was intended to modernise and clarify the long-criticised repair clause. A recent decision of the German Supreme Court (Bundesgerichtshof,…

Marty Supreme – Merch and Brand Power

If you’ve seen the buzz around Marty Supreme – the upcoming film starring Timothée Chalamet, you may also have noticed something else: the merch. Jackets, jumpers and other pieces linked…

Chokri & Others v Sheeran & Others [2022] EWHC 827 (IPEC)

Ed Sheeran is no stranger to copyright infringement claims, having successfully defended multiple claims regarding some of his most famous songs such as “Photograph” and “Thinking Out Loud.” “Shape of…

What to do if your business name is stolen

You’ve brainstormed, you’ve picked out a brand name, you’ve launched your business … and then you discover another company using your name. Is there anything that you can do? The…

How Much Originality Is Enough? Exploring Copyright Protection in the Age of Shared Aesthetics

In a decision this year from the U.S. Court of Appeals for the Ninth Circuit, Woodland v Hill, the court addressed a question that’s increasingly relevant in today’s visually driven,…

How to Decide Where to Register Your Trade Marks if You Sell Online

When your business is based mainly online, protecting your trade mark becomes more complex. The internet allows your brand to be visible in many countries, not only the one where…

Should I consider licensing my intellectual property rights?

At Briffa we regularly assist clients with drafting and negotiating licensing for their intellectual property rights. This may be in the field of software as a service (SaaS) or allowing…

Do I need to obtain a design registration for my design?

Many of our clients at Briffa rely on a registered design right for their most popular designs.  Our clients in the fashion and furniture design industries in particular use this…

Can I use copyright to protect my business in the UK?

Many of our clients at Briffa rely on copyright as an IP asset to protect their business. This note addresses some key aspects of copyright in the UK and how…

How can you get copyright protection?

Requirements – registration(?) Unlike trade marks and registered design rights, copyright in the UK and EU is an unregistered right; as such, you do not have to worry about registering…

EUIPO: Radiator Grilles and distinctiveness (R 2316/2024-1)

In this case review, the EUIPO held that a sign representing a radiator grille had the sufficient distinctiveness to be registrable as a trade mark in the EU. Background Mercedes-Benz…

Someone has copied my brand name and I don’t have a trade mark – is there anything I can do?

Whilst it is always advisable to trade mark your brand name, this does not then mean you have no protections for your brand, especially if you find someone has copied…

Who Owns AI-Generated Content in the UK?

As more businesses and creatives experiment with tools like Midjourney, ChatGPT and DALL·E, a key question arises: who actually owns the content they produce? UK Copyright Law: A Unique Rule…

Can You Copyright a Logo? (And When to Use Trade Marks Instead)

Quick Answer In the UK, a logo will almost always qualify as an “artistic work” and therefore automatically attract copyright protection the moment it’s created. This usually allows you to…

Can Birkenstock Sandals Really Be Protected by Copyright? A Dutch Court Thinks So

A recent Dutch first-instance judgment has reignited the debate over whether fashion designs—especially utilitarian items like shoes—can qualify for copyright protection across the EU. In a surprising move, the District…

Edwards v Boohoo.com UK Ltd & Ors [2025] EWHC 805 (IPEC)

The High Court dismissed Sonia Edwards’ (the “Claimant”) case where it alleged that Bohoo.com UK Ltd (the “Defendant”) had infringed the unregistered design right in five of its clothing designs.…

Modular exceptions in the EU: LEGO A/S v Pozitív Energiaforrás Kft. (C-211/24)

The case of LEGO A/S v Pozitív Energiaforrás Kft. (C-211/24) concerns the interpretation of Regulation (EC) No 6/2002 on Community designs. The CJEU examined the scope of protection under Article…