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secret

Shhhh… don’t mention the patent

When people think of intellectual property protection often the first thing that pops into their mind is a patent (and then the question of how it’s pronounced). But patents can be hard to come by, with a very high bar for what’s considered to be an “inventive step” and often fairly substantial legal fees to get the thing drafted. However, what a lot of people fail to realise is that secrecy is the key to…
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Spotify

Will the real valid licence please stand up? Eight Mile Style go the extra mile against Spotify

Eminem’s music publisher Eight Mile Style has filed a lawsuit against Spotify for copyright infringement. As Eminem’s music publishers (and therefore as a result of the publishing agreement signed between the two), Eight Mile Style own and control the copyright to the musical compositions written in whole or in part by Eminem (real name Marshall Mathers). Owning the copyright to music is a valuable asset which can be commercially exploited by way of licensing, as…
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dark horse

Katy Perry’s Dark Horse loses the race

You may recall a few months ago we wrote about the copyright infringement case brought against Katy Perry by Christian hip hop artist Marcus Gray or Flame as he is known (don’t worry, we haven’t heard of him either) and two others over her song Dark Horse. The plaintiffs claimed that Perry and the other producers and songwriters who worked on the song copied the beat from Flame’s song Joyful Noise. The defendants argued that…
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Photographer

Victoria Beckham sued for copyright infringement. Is there not a better way?

Even celebrities could benefit from some basic intellectual property law knowledge. We have previously reported on the claim against GiGi Hadid regarding a photograph she used of herself without securing the permission of the copyright owning photographer. The case received widespread attention and comment and one might have expected celebrities or if not celebrities their PR and social media teams to take note. Namely that you don’t have the right to publish any photograph of…
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Images of cameras

The risks of using images taken from the internet in your marketing materials

If you are in charge of running your business’ website, chances are you will be using a large number of images, photographs, and other visuals which have not been created by you. Whether it is on your website, on social media, or in your newsletters, you will almost inevitably be relying on this third party generated content at some point. It is important to remember that this content is subject to copyright, and so it…
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EU

Is targeting consumers of a country enough to give the Courts jurisdiction?

The Court of Justice of the European Union (“CJEU”) has just confirmed in the case AMS Neve C-172/18, that the owner of an EU Trade Mark can bring a claim in the country where the infringer has offered the infringing goods for sale to consumers. This is good news for trade mark owners as well as EU trade mark courts as the jurisdiction in which action must be brought is not limited by where the…
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cow in the field

Deceptive trade mark applications

There is a wealth of law laying a foundation of what is and is not acceptable in the trade mark world, both in the UK and EU, and the details can be easy to overlook when filing an application alone. Often objections relating to a lack of descriptiveness or a non-distinctive character are issued upon the examination of a trade mark application. Both of which are sure fire ways to cause an application to be…
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Singer

Trade mark battles: “100% that bitch”

In 2017, British Singer Mina Lioness tweeted “I did a DNA test and found out I’m 100% that bitch.” It went viral. Seven months later, American singer Lizzo released her song ‘Truth Hurts’ which features the same memorable phrase. The two singers got into a spat about it on Twitter back in 2018, but it didn’t get much attention. However, matter has now flared back up again in 2019 because Lizzo (now an extremely successful…
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Fashion

The only requirement for copyright protection of fashion designs in the EU is their originality

In 2013 in Portugal G-Star Raw brought a copyright infringement claim against a clothing company called Cofemel in relation to their signature designs of jeans, t-shirts and sweatshirts. G-Star Raw stated that their fashion designs were protected by copyright as they were the designer’s own intellectual creations (which is the harmonised standard of originality requirement in the EU). The case was subsequently referred to the CJEU to determine whether Member States should be free to…
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look-a-like

The dangers of using look-a-likes in your ads – Ariana Grande sues Forever 21

If you ask a celebrity to endorse your products and they turn you down, you can’t get over your disappointment by simply engaging a look-a-like model to do the job. This point is I suspect about to be rammed home in a court of law in Los Angeles where Ariana Grande has sued Forever 21 for posting at least 30 unauthorised images and videos across its website and social media platforms using her name, likeness…
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Briffa’s highly trained team can assist you with a wide range of legal issues, from fixed-fee trade mark and design applications to dealing with IP disputes and drafting contracts. Contact us to discuss your requirements and arrange your free legal assessment.

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About Briffa

Briffa is a firm of leading intellectual property solicitors based in London. We’re creative, transparent and competitively priced — our highly skilled team provides the level of expertise and quick turnaround times you need to ensure your intellectual property and business interests remain protected.

We help clients across a broad range of sectors and we’re experts in brand strategy and IP portfolio management — our team can help your business grow, giving you a competitive edge that increases the value of your business for either investment or eventual sale.

If you would like some FREE advice on protecting your intellectual property and increasing your market share just request a FREE legal assessment with one of our intellectual property solicitors today.

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Briffa has served hundreds of satisfied clients across a broad range of sectors since our creation in 1995. We’re proud to be leading intellectual property solicitors, but don’t just take our word for it
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