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EU copyright

UK says No to Art 13 of the Copyright Directive

In what is perhaps an indication of the shape of things to come when we try and predict what divergence there will be between EU and UK laws in future, the UK government has confirmed that it will not implement the European Union’s Article 13 of the Copyright Directive. Article 13 was perhaps the most controversial of all the provisions on the Copyright Directive. Originally supported by the UK along with 18 other member states…
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Franchise

Franchising 101: Step 1: Protect your Brand

When you think of the word “franchise” what comes to mind? Most people will have an understanding of what a franchise is, and many individuals have aspirations of seeing their currently small independent business being rolled out in towns and cities across the UK or even further afield. But where do you start? If you look at the high street, what do you think makes these large franchises successful? Yes their product is in demand,…
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Sony

Sony files trade mark for PS5

Earlier this week Sony Interactive Entertainment Inc. (Sony) filed a trade mark application for “PS5” in Switzerland signalling the forthcoming launch of the fifth version of the world famous PlayStation games console. The trade mark application covers the console hardware, gaming software and other goods and services and claims priority from an earlier trade mark application filed in Jamaica in October 2019. It is common practice for companies to first file their trade mark applications…
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Influencer

Influencers, Instagram and a Pretty Little Problem

The rise of the Influencer The cast of Love Island are used to being in the press for a number of reasons, not least because of the large amounts of money they stand to make from sponsorship deals after leaving the villa. With the latest winner, Amber Gill, reputedly said to have bagged a cool one million pounds after signing a collaboration with the fashion retailer MissPap, this latest iteration of the influencer trend clearly…
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Harry and Meghan

Trade mark oppositions – advice for Harry & Meghan

You may have noticed a passing mention on the news recently that Harry (AKA Prince Harry) and Meghan (AKA that actress from Suits) have recently resigned from royal duties in favour of a life of financial independence. Like all sensible start-ups they have decided to register their brand SUSSEX ROYAL as a trade mark. However this has attracted a bit of attention and, with it, a few trade mark oppositions. So, what to do, well…
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Social media

Get rid of that libellous post and while you are at it anything else with an equivalent meaning!

Does Facebook, or other social media platforms, have an obligation not just to delete defamatory posts, but other posts with an equivalent meaning? This was a question that the European Court of Justice (the “CJEU”) recently considered. Facts  A Facebook user shared an article about an Austrian Green Party politician and posted a comment, which was defamatory on Facebook. The politician requested Facebook remove the post on the basis it was defamatory, but Facebook refused.…
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Tiffany & Co shop front

Tiffany wins an opposition against UK beautician

Back in 2018 Tiffany Parmar applied to register a UK trade mark for ‘Cotswold Lashes by Tiffany’, covering class 3 (cosmetics), class 41 (beauty school services) and class 44 (beauty care). The jewellery retailer Tiffany & Co opposed this application later that year based on a number of their ‘Tiffany’ UK and EU trade marks. On 8 January 2020 the UKIPO decided that the marks were visually and phonetically similar to a low degree, but…
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abstract lines

Classic Copyright Cases – Blurred Lines

As I am sure you will all be delighted to hear, I have decided to begin writing a series of articles covering landmark music copyright lawsuits. First up to bat is Robin Thicke vs Marvin Gaye. Now, as you may know Gaye’s family have been going in hard on Ed Sheeran in recent times, claiming copyright infringement for who knows what, but back in 2014 their eyes were set on Robin Thicke and Pharrell for…
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proof

Proof of use, proof of what

Owners of registered trade marks in the UK and EU have to use their trade mark if they want to be able to enforce it. That being said, there is a five year “grace period” from filing in which it is not necessary to demonstrate use of the trade mark to enforce it. After the five-year grace period, if a trade mark owner wants to file an opposition or look to enforce the trade mark…
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red keyboard

Big blow or lucky escape?

An investigation led by the ICO found that an attacker installed malware on 5,390 tills at Currys, PC World and Dixons Travel stores between July 2017 and April 2018, collecting personal data during the nine-month period before the attack was detected. This hacking campaign was active between July 2017 and April 2018 and resulted in malware being installed on 5,390 Point-of-Sale (POS) systems at Currys PC World and Dixons Travel Stores, owned by DSG Retail…
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