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communications

Case Study: Trade Mark Specs and Bad Faith

I wanted to review the case of Sky Plc & Ors v SkyKick UK Ltd & Anr and considering the findings of the case. From this case is an EU trade mark invalid on the basis of an overly broad specification of goods/services? The background Sky Plc (Sky), the large media and telecommunications company, brought trade mark infringement and passing off claims against SkyKick UK Limited (SkyKick), a business that provides software solutions to SMEs.…
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Cybercrime

Covid and Cybercrime

The effect of Covid-19 and Government Lockdown has asserted business to make employees work from home, many of whom will not have done so regularly before. This may make many businesses more vulnerable to attack or other cybersecurity issues. Business needs to consider the risks involved specially IT arrangements for remote working may not be as secure; employees may be unfamiliar with new IT arrangements for working from home; employees judgement to scams and suspicious…
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data

Data Breach and Vicarious Liability

In a landmark case, the UK Supreme Court has ruled that supermarket chain Morrisons is not vicariously liable for a deliberate data breach committed by a former rogue employee, who driven by a grudge against the company, took payroll data relating to 100,000 employees and published it online. The decision shows that an employer is unlikely to be liable for a malicious data breach committed by an employee, where his/her wrongful conduct is not closely…
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Child privacy

Child Data Privacy Code

The ICO have published the final version of its Age Appropriate Design Code (“the code”), which sets out the standards that online services need to meet in order to protect children’s privacy. It applies to providers of information services likely to be accessed by children in the UK, including applications, programs, websites, social media platforms, messaging services, games, community environments and connected toys and devices, where these offerings involve the processing of personal data. The…
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Brexit

Brexit and GDPR

After January 31, 2020 the UK ceased to be a Member State of the European Union and, under the terms of the Withdrawal Agreement agreed between the UK and the EU-27, a transition period applies until December 31, 2020. From a data protection perspective, this has a number of implications. We have summarised the key points below, including what happens after the UK leaves the EU on January 31, the implications for international data transfers,…
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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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Radio

TuneIn thoroughly WARNERED!

As you may know, Warner Music and Sony Music had jointly brought a claim against TuneIn for copyright infringement. TuneIn is a service that enables consumers to access more than 100,000 radio stations around the world. Warner and Sony Music claim has been accepted by the courts who found that TuneIn services infringed the claimant’s rights under section 20 of the Copyright, Designs, and Patents Act 1988 (CDPA). The reason the claim was first brought…
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Fight

Conor’s Fightback!

It’s been a while since Conor’s been in the IP limelight, especially when it comes to registering trade marks. However, following on from a few months back discussing McGregor’s difficulty with trade mark registration it looks as if McGregor’s legal team aren’t willing to back down from this fight. Just by way of background, McGregor Sports and Entertainment handles the majority of the sports star’s Irish business and filed an EU trade mark application for…
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Blue ivy

Beyoncé ‘Blue Ivy’ Battle

The name of the star’s 7-year-old daughter, Blue Ivy Carter, is at the centre of an ongoing trade mark battle. In January 2016, Beyoncé filed an application to register a trade mark for “Blue Ivy Carter,” which would cover goods including fragrances, cosmetics, skincare, baby teething rings, playing cards and more. Beyoncé has attempted to trade mark “Blue Ivy Carter” which has been opposed by Wendy Morales, who claims she was using the name first.…
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GDPR

Data breach fines but what about reputation?

With the General Data Protection Regulation (GDPR) being in force for over a year now, having brought confusion and fuss to businesses which the threat of fines running into the millions. Businesses rushed to make sure they were compliant with GDPR and have the correct policies and notices in place in order to avoid these hefty fines. The question that has constantly come up is whether it is important to be compliant GDPR and have…
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