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YouTube

Youtube CEO dislikes EU Directive Article 13

YouTube have issued their first official statement regarding the European Union Copyright Directive. In her letter to YouTube Creators published yesterday October 22nd, Susan Wojcicki (https://youtube-creators.googleblog.com/), set out that the proposed Article 13 of the Directive as currently written threatens to shut down the ability of the platform to operate, with EU users potentially facing blocks from content already uploaded and hundreds of thousands of livelihoods at risk. As one of the internet’s foremost user…
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Word Free and people dancing

UK – intention for post-Brexit EU TMs and designs to be free of cost

Since the publication of the UK’s Draft Withdrawal Agreement from the EU (published 19 March 2018) there has been no more than a trickle of information in relation to the future of EU intellectual property rights in the UK. While the Government has sign-posted an intention to ensure EU rights holders are granted equivalent rights in the UK, there has been little further noise on the subject, in particular whether there will be an additional…
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Piles of cash

Supreme Court rules ISPs not responsible for costs in Cartier

Earlier this month, the UK Supreme Court handed down its decision in the ongoing saga of website blocking orders in relation to trade marks in Cartier International AG (and others) v British Telecommunications Plc (and others) [2018] UKSC 28. We previously wrote on the Court of Appeal decision here in which it was held that website blocking orders can be upheld against ‘intermediaries’ (in this case, 5 of the UK’s largest internet service providers or…
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Chris Barbalis' artwork

Street Art: the dispute that nearly lost artists their rights

Recently H&M launched an advertising campaign which displayed the work of street artist Jason ‘Revok’ Williams in the background. Revok sent a cease and desist letter claiming copyright infringement, as it was an “unauthorised use of his original artwork”. He did not want people to assume an affiliation between him and the high street brand. H&M responded by taking legal action of its own. It filed a lawsuit, hoping the court would declare that there was…
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Marvel

Marvel Films and Registering Trade Marks

Whilst we await part two of Marvel’s (currently untitled) sequel to ‘Avengers: Infinity War’, focus shifts to the upcoming stand-alone films and how they may add to the ‘Infinity War’ story. In October 2014, Marvel Studios announced an upcoming film for ‘Captain Marvel’ and a quick look at TMView reveals that various trade marks for “CAPTAIN MARVEL” were filed by Marvel Characters, Inc. at a similar time as the announcement of the film, so why was…
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an architect's desk with an L ruler, pen & notebooks

The UK moves towards the unitary patent

On 26 April 2018 (“World IP Day”) the UK’s IP Minister Sam Gyimah announced that the UK has, at long last, ratified the Unified Patent Court (UPC) Agreement. Why does it matter? As we wrote about in a previous blog post, Europe is on the verge of the biggest shake up of the patent landscape in decades. The proposed unitary patent, together with its custom-built court system the Unified Patent Court, will be a brand…
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Pepsi softdrinks

Riding on the Surfer’s Wave of Reputation and Goodwill – How Pepsi popped bubbles of a look-a-like coke brand

PepsiCo successfully fizzed the bubbles out of a ‘look-a-like’ cola brand after winning a cancellation and invalidity application against Singapore-based Ten Yun International’s trade mark at the UK Intellectual Property Office. Registered in October 2016 and shown below at Fig. 1, Ten Yun International’s mark covered ‘soft drinks and non-alcoholic drinks’ in Class 32. The mark features a blue red/orange and white swirl pattern inside a circle with a white silhouette of a surfer on…
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be silent

3 myths about confidential information

Uber has recently agreed to pay Waymo a settlement of $245 million in a trade secret dispute involving use of information concerning driverless car technology, unlawfully disclosed by an employee. While this only amounts to 0.34% of Ubers equity, exposure of commercially sensitive information can destroy a company. It can also result in unfair competition and the stifling of innovation, particularly in sectors that rely on technological advances. It is therefore important to understand the…
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interior design

The Hague System, soon available for UK Registered Designs

One of the ways of potentially trying to protect the 3D shape of a product (assuming it meets the requirements) is to apply for a registered design. There are two main ways of applying for a registered design: You could apply directly to the office of the territory that you would like protection in; or You could apply via the Hague system for the international registration of industrial designs. On 13 March 2018, the UK…
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telephone booths

UK still holding out on Brexit IP plans

As we wrote about in a previous blog post, the European Commission have been reasonably clear in its position that EU IP rights must be maintained in the UK in a post-Brexit landscape. The details are yet to be agreed between the UK and the EU, leaving IP rights holders relatively in the dark, but it does seem clear that the EU wants things to be ‘business as usual’ with as little impact on rights…
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