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Pets

The Pets Factor

Background On 29 June 2017, TV format creator Mark Duffy decided to apply for an amusing trade mark under the name of “The Pets Factor” (the Application), presumably unaware of the furore that was shortly to be generated by the well-known patron of a similar brand. The application proceeded to publication on 21 July 2017 where it was summarily opposed by Fremantlemedia Limited and Simco (the Opponents), both companies tied to the TV judge Simon…
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Malt

A Tale of Two Malts: Glenfiddich v Glenfield

A recent UK Intellectual Property Office decision has provided clarity on the scope of protection offered by word-only trade mark registrations in the UK, particularly when such marks are being enforced against similar figurative trade marks. William Grant & Sons Ltd (WGS), the independent, family-owned Scottish distillery (and owner of a UK trade mark registration for the mark ‘GLENFIDDICH’) opposed the registration of Vivek Anasane’s trade mark application for the below ‘GLENFIELD’ (Figurative) trade mark:…
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Lingerie

After a trade mark battle, Scottish Lingerie gets its own Fashion Week

If asked to guess what might be on offer at ‘Highland Fashion Week’ I would almost certainly have expected fashion with a heavy tartan influence. In fact Grace Hay the owner boutique store Grace Lily Lingerie in Nairn, East of Inverness Scotland was planning a community event to showcase the finest lingerie the area has to offer. Not much tartan in evidence from the pictures online but that, oddly enough is not the issue in…
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Social Media

Online Influencers #advertisingrules #fail

I think we can all accept that for most brands advertising has moved beyond traditional print and media. Instead consumers are constantly being told what to buy by a wide array of social media influencers. These might be mainstream celebrities such as actors and musicians or they might be “normal” people who have made it big online, largely due to the content that they post. For the majority of influencers their revenue is generated by…
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Music Copyright

Has Katy Perry indeed been a Dark Horse or not?

Marcus Gray (‘Flame’) & Others v Katy Perry & Others…. Which party will be making Joyful Noise at the end of this copyright infringement trial? You’ll be forgiven if you were not aware of the current copyright infringement trial against Katy Perry which commenced this week in the California Central District Court. The infringement claim was filed by Christian hip-hop / rap artists Marcus Gray (known as ‘Flame’), Chike Ojukwu and Emmanuel Lambert 5 years…
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GDPR

GDPR begins to bite

It has been a little over a year since the General Data Protection Regulations came into force, imposing extensive privacy and data protection requirements and raising penalties for non-compliance to a maximum of 4% of annual worldwide turnover or €20 million, whichever is greater. It has been quiet for a while since the introduction of new law, until in the beginning of July 2019 the ICO announced the plans to impose 2 record-breaking fines in…
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Okurrr

Not Okurrr!

Following on from our previous blog about Cardi B’s trade mark registration of “okurrr,” we now have the results and it’s not good for Cardi. The application to trade mark her catchphrase “okurrr” has been turned down by the US Patent and Trademark Office. The benefits of having a catchphrase registered as a trade mark is that it enables the owner to use the saying commercially, and to prohibit others from doing the same. A…
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Art

Art Law

As an artist, it may seem like a daunting task to seek to make a living from your creative work. One critical step on the way to becoming a commercially successful artist is ensuring that your Intellectual Property is adequately protected. This will not only allow you to commercially exploit your art through the sale of one-off pieces and prints, collaborations, and licensing agreements, but will also allow you to enforce yourself if someone steals…
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