Superdry v Manchester City FC: Trade Mark Infringement Claim
Superdry recently issued a trade mark infringement and passing off claim against Manchester City Football Club (“MCFC”) in relation to MCFC’s use of the sign ‘Asahi Super “DRY” 0.0%’ on…
Is this design dictated by its technical function?
A common question we get asked is ‘what is the difference between a registered design and a patent?’. Simply, one of the main differences is that a registered design right…
Updated guidance from the UKIPO on NFTs, virtual goods and virtual services
The UK IPO has published updated guidance on UK trade mark classification of non-fungible tokens (NFTs), virtual goods and virtual services, including those in the metaverse. When applying for a…
Samsonite’s 3D EU trade mark application for tablet case rejected
Luggage maker Samsonite (the applicant) has recently had its application for a 3D EU trade mark for the shape of a tablet case rejected due to a lack of distinctiveness.…
Only Fools and Horses Dining Experience Infringes the Copyright in the ‘Del Boy’ Character
The Intellectual Property Enterprise Court has recently held that an interactive ‘Only Fools The (cushty) Dining Experience’ (OFDE) infringed the copyright in the ‘Del Boy’ character and committed passing off…
Ed Sheeran wins in the High Court
Ed Sheeran has come out on top in his long-running copyright infringement dispute with Sam Chokri. The case goes back to 2017 when Chokri’s lawyers accused Sheeran’s best-selling song “Shape…
IP Clauses In Employment Contracts And Assignments
If you have a contract of employment, there’s a good chance it includes a section that deals with intellectual property (IP) rights. The IP clause will likely state that all…
Slim pickings in NAH v KBF
Sticking with the food theme of my recent blog posts, NAH, a retailer of sauces and other food items, applied for summary judgment against KBF, a company which markets foods…
China Tang trade mark dispute – choose your brand name carefully
A recent decision finding that a Chinese takeaway named ‘China Tang’ infringes the trade mark of a high-end Central London restaurant with the same name, is likely to have significant…
The Chaaaampignons
In the IP world, it is not common to see rightsholders backing down when it comes to trade mark infringement. However, UEFA, one of football’s largest governing bodies, decided they…
Three strikes and out for Chanel?
In 2017, Chanel – the French luxury fashion house – were quick to oppose Huawei’s EUTM application for the mark below (left image), based on the relative grounds for refusal.…
Duchess wins in Privacy and Copyright claim against Associated Newspapers
The Background The Duchess of Sussex, Meghan Markle, sued Associated Newspapers Ltd (ANL) for breach of privacy and copyright infringement after ANL had published extracts from a letter the Duchess…
Exhaustion of IP Rights Post-Brexit
What is Exhaustion of IP Rights? If a rights holder, or someone with the consent of a rights holder, places goods in a specific territory then their right to take…
Trade Mark Revocation – How Sony Lost its “Vita” mark for non-use
As a trade mark owner, it is important that you make genuine use of your mark in the first 5 years after completing the registration procedure. A trade mark can…