Written by Briffa

Can Santa Claus get a trade mark?

It’s that time of year again. We are all navigating the wet Christmas markets and shoulder barging our way through department stores/ clicking “proceed to basket” via various online marketplaces…

To what extent can “parody” be used as a defence to copyright infringement claims?

What is the issue? What constitutes ‘parody’? The preliminary ruling from the Brussels Court of Appeal sought clarification on ‘parody’ under Article 5(3)(k)-InfoSoc Directive. This allowed EU member states to…

Trade Mark Infringement: How to Protect Your Brand

In today’s competitive business landscape, protecting your brand is essential for maintaining its value and reputation. Trade mark infringement poses a significant threat to a brand’s identity and can undermine…

The Importance of Having a Cookie Policy in the UK: Ensuring Online Privacy and Compliance

In today’s digital age, where online interactions have become an integral part of our daily lives, protecting user privacy is of paramount importance. For businesses operating in the United Kingdom,…

Porsche’s Roaring Ambition: Trade marking the Sound of Performance

Introduction In the world of automotive engineering, Porsche has long been synonymous with cutting-edge technology, luxurious design, and, of course, the unmistakable roar of their engines. Recently, the iconic car…

Trade Mark Renewal and Maintenance: What You Should Know

If you don’t renew your trade mark rights before the registration expires, you could lose your trade mark. Even worse, a competitor could swoop in and snap up your mark.…

Why Do I Need A Non-Disclosure Agreement For My Business?

A non-disclosure agreement (NDA) is a contract that legally binds two parties to not share confidential information with third parties. In simpler terms, an NDA is a tool that helps…

Welsh Single Malt Whiskey Gains Geographical Identification

After Brexit, the UK geographical indication scheme was established to provide legal protection against imitation and misuse of certain food and drink products. Recently, “Single Malt Welsh Whiskey” was recognized…

Twitter’s rebrand to X reinforces the importance of trade mark protection

It would come as no surprise to you to hear that Twitter, the social networking site purchased by Elon Musk, has rebranded and moved away from its famous ‘blue bird’…

How To Protect Your Business From Trade Mark Infringement

In today’s competitive business environment, establishing a strong brand is vital for success. Beyond setting you apart from competitors, a well-established brand fosters customer trust and loyalty. However, the prevalence…

The 5 Most Common Mistakes When Filing A UK Trade Mark Application

Protecting your business identity and establishing brand recognition in the UK starts with filing a trade mark application. However, the process can be complex and filled with potential pitfalls. In…

Communications to the public – Blue Air and UPFR

Case Background The adjoined case C‑775/21 and C‑826/21, Blue Air and UPFR involved a referral from the Romanian court to the CJEU regarding music onboard public transport and communications to the…

Bitcoin & Fiduciary Duties

Whether Bitcoin developers owe fiduciary duties to Bitcoin owners remains a hot topic. The recent market turbulence caused by crypto asset holders suffering cyber-attacks continues to result in litigation on…

Katy Perry’s trade mark dispute with an Australian fashion designer with the same name

Recently there were fireworks after the singer Katy Perry lost her trade mark dispute with the designer called Katie Perry. In 2019 the Sydney based designer, Katie Perry (also known…

Tony Hawk, what’s in a name?

I was never great at skateboarding, either in real life or on a PlayStation 1. But when you think of skateboarding the one name that springs to mind is Tony…

Common Intellectual Property considerations for start-ups

A few weeks ago I sat down with the founder and CEO of Pleese (formally Pleesecakes). Pleese make specialist cheesecakes and other exciting products, including revolutionizing the frozen desert market…

How to choose a trade mark that is right for you

Are you looking to create a new brand, but not sure how to choose the right trade mark? Choosing a trade mark for your business, product or service can be…

Registered design rights- grace periods deadlines

It’s an exciting time, after months of brainstorming a new design you have finalised some design drawings and you’re nearly ready to launch your product. Your social media is ready…

The benefits of exploring Alternative Dispute Resolution (ADR)

It’s an inevitability that when your business experiences a dispute it can be costly and time consuming. When helping our clients navigate their disputes we explore Alternative Dispute Resolution (ADR)…

For trade marks, colour is the new black

Our clients often ask us whether to register their logo as a trade mark in black and white or in colour. For many years, in the UK and the EU…

Your Trade Mark – Use it or Lose It!

Your trade mark’s essential function is to be a badge of origin. It distinguishes your goods or services from those of other undertakings or competitors in the same market. However,…

Logo: is it a trade mark, is it a copyright?

Logos are one of the most popular and valuable types of trade marks obtained by businesses. In many cases, businesses outsource creation of brand identity and logos to freelance designers…

Company Names and Trade Marks

It is a common misconception that registering a company name with the Companies House provides unrestricted rights to such company name. In reality, the registered company name identifies a legal…

Diamonds of the season or Thieves of the ton?

Many of our readers may be fans of the smash hit Netflix production “Bridgerton”, a show based on the book series by Julia Quinn. The show’s roaring success has led…