Written by David Bridgeman

Can Brands Really Control Where You Sell Their Products Online

The Court of Appeal has handed HOKA owner Deckers a significant victory in a case that could shape how premium brands control online sales in the future. The dispute started…

Can a foreign trade mark be well known in the EU without being used there? The Frisby case

The dispute between FRISBY COLOMBIA and FRISBY ESPAÑA has taken another turn and it raises a question that does not often come up in practice. How do you show that…

When IP rights are on the sleeve: can a football sponsorship deal end in a zero-sum outcome?

A recent decision from the Milan court offers an interesting look at how sponsorship agreements are treated in football. The case concerned a three-year sleeve sponsorship deal between a Cyprus-based…

When is a trade mark just a product designation?

Can a sign that looks more like a product code than a brand really be used as a trade mark. That was the uncomfortable question at the heart of the…

Can a Trade Mark Owner Really “Acquiesce” While Their Mark Has Been Cancelled?

One of the more curious questions in EU trade mark law is what happens when a proprietor’s rights disappear temporarily, not because they abandoned them, but because an authority wrongly…

Can You “Copyright” a Person in the Age of Deepfakes?

Denmark may be on the brink of reshaping how the law protects individuals against deepfakes. A draft bill currently under consultation proposes to amend the Danish Copyright Act to introduce…

Can the New EU Design Regulation Kill an Infringement Claim Overnight?

The EU design law reform, effective largely from 1 May 2025, was intended to modernise and clarify the long-criticised repair clause. A recent decision of the German Supreme Court (Bundesgerichtshof,…

How Much Originality Is Enough? Exploring Copyright Protection in the Age of Shared Aesthetics

In a decision this year from the U.S. Court of Appeals for the Ninth Circuit, Woodland v Hill, the court addressed a question that’s increasingly relevant in today’s visually driven,…

Can Birkenstock Sandals Really Be Protected by Copyright? A Dutch Court Thinks So

A recent Dutch first-instance judgment has reignited the debate over whether fashion designs—especially utilitarian items like shoes—can qualify for copyright protection across the EU. In a surprising move, the District…

Is Dr Martens’ Yellow Stitching Really That Distinctive? The Brussels Court of Appeal Thinks So

On 30 September 2025, the Brussels Court of Appeal handed down an important decision for trade mark law enthusiasts and brand owners alike, finding that the yellow stitching and sole…

To Block or Not to Block? German Supreme Court Weighs in on Ad-Blockers

Ad-blockers continue to stir heated debates at the intersection of copyright law and the digital economy. Publishers argue they threaten revenue, while users see them as essential shields against intrusive…

Can Copyright Exceptions and Fair Use Defences Justify Unlicensed AI Training Under Intellectual Property Law?

In today’s data-hungry AI landscape, one of the most pressing legal questions is whether copyright and related rights can—or should—bend to accommodate unlicensed training of artificial intelligence models, particularly when…

When Does a Designer’s Name on a Label Become Legally Misleading?

Can a trade mark that includes a designer’s name become deceptive once that designer is no longer involved with the brand? This is the key issue addressed by Advocate General…

The Lego Exception and Proportionality in Injunctive Relief: A Case for Clarity

On March 6, 2025, Advocate General (AG) Szpunar delivered his Opinion in the case Lego A/S v Pozitív Energiaforrás Kft. (C-211/24), focusing on the so-called “Lego exception” under the Community…

John Lydon vs. Dennis Morris: The Battle Over the PiL Logo

The ongoing legal dispute between John Lydon, better known as Johnny Rotten of the Sex Pistols, and photographer Dennis Morris has taken another turn as both parties submit revised legal…

“MARICON PERDIDO” Trade Mark Denied: Morality and Distinctiveness in EUIPO’s Latest Decision

The Grand Board of the European Union Intellectual Property Office (EUIPO) recently ruled that the Spanish phrase “MARICON PERDIDO” (“hopeless faggot”) cannot be registered as a trade mark under Article…

Can a Person’s face be registered as a Trade mark?

The EUIPO (European Union Intellectual Property Office) is currently grappling with a significant issue regarding the registration of a photograph of a person’s face as an EU trade mark. In…

Revocation for Non-Use of Baccarat’s EUTM: Proving Genuine Use is Paramount

Overview: A recent EUIPO decision revoking Baccarat’s EU Trade Mark (EUTM) designation for certain goods highlights the complexity of proving genuine use for luxury brands expanding into new product categories.…

Reinforcing the principles of fairness and proportionality in the assessment of costs in UK trade mark Law

In the recent case of Unicorn Studio Inc v Veronese (Société par Actions Simplifiée), the High Court delivered a significant ruling on the issue of costs in a trade mark…

Reaffirming the principle that AI inventions must meet the same patentability criteria as other computer-implemented inventions

The recent Court of Appeal decision in EWCA Civ 825 has significant implications for the patentability of AI inventions in the UK. The Court of Appeal reversed the High Court’s…