The Italian company Piaggio has recently won a case before the European Union Intellectual Property Office (EUIPO) regarding its iconic design for the “Vespa” scooter. The Vespa model in question, the Primavera, was protected by both a design registered for its shape back in 2013, a three-dimensional trade mark and by artistic copyright. Background The dispute began at the 2019 “Esposizione Internazionale Ciclo Motociclo e Accessori”, more commonly known by its acronym EICMA, a world-famous…continue reading
In a seminal update to current trade mark law, the Court of Justice of the European Union (CJEU) has recently issued its judgment in the long running case of Sky v Skykick which could have significant implications for trade mark practice in both the UK and EU. By way of background, Skykick is a rapidly growing US company that provides global cloud management software for IT service providers. Sky is a household name which provides…continue reading
If you have been keeping track of our updates on this case here then you will know that at the end of last year, a federal jury found against Katy Perry for alleged copyright infringement in her song “Dark Horse” (the second biggest selling song for 2014). The case was brought by a Christian rapper called Marcus Gray in 2014 and alleged that Perry and her team had plagiarised his song “Joyful Noise” (Gray also…continue reading
On 14 July 2019, the Liverpool based drinks company Halewood International Brands applied to trade mark “VERA LYNN” for alcoholic beverages (the Application). Upon being alerted to the Application via her lawyers, Dame Vera Lynn the singer known as “the force’s sweetheart” for her songs that were popular throughout the Second World War, lodged an opposition to the Application on 1 October 2019. The opposition was based on s.5(4)(a) and s.3(6) of the Trade Marks…continue reading
The rise of the Influencer The cast of Love Island are used to being in the press for a number of reasons, not least because of the large amounts of money they stand to make from sponsorship deals after leaving the villa. With the latest winner, Amber Gill, reputedly said to have bagged a cool one million pounds after signing a collaboration with the fashion retailer MissPap, this latest iteration of the influencer trend clearly…continue reading
A defining feature of Donald Trump’s presidency has been the war on so called “fake news” (and, depending on your view point) whether this actually relates to fake news or simply news that Mr Trump disagrees with. One organisation in the USA which definitely falls in to the latter camp is the Florida Pro Chapter of the Society of Professional Journalists (SPJ), the oldest association of journalists in the USA. SPJ has teamed up with…continue reading
Background On 29 June 2017, TV format creator Mark Duffy decided to apply for an amusing trade mark under the name of “The Pets Factor” (the Application), presumably unaware of the furore that was shortly to be generated by the well-known patron of a similar brand. The application proceeded to publication on 21 July 2017 where it was summarily opposed by Fremantlemedia Limited and Simco (the Opponents), both companies tied to the TV judge Simon…continue reading
We are often asked whether trade marks are a worthwhile investment by prospective clients. The answer for the majority of clients is undoubtedly yes: whilst securing one does involve some small initial outlay, this is minimal in comparison to a number of other intellectual property rights and particularly so for those such as patents. In addition, trade marks are a key asset for any brand: they are the only way to record the intangible ‘good…continue reading
Following on from our previous blog, the European Parliament has voted through the final draft of the European Union Directive on Copyright in the Digital Single Market (the Directive). Having been mired in controversy for some time, the latest version passes with sixteen votes in favour and nine against. It is worth noting that the Directive is still in draft form but it now becomes ever closer to being passed into law. For the Directive…continue reading
The Chinese toys and games market is reportedly worth over $31 billion and so it comes as no surprise that a number of local firms have sought to capitalise on the reputation of some of their more established Western counterparts. There exists something of a stereotype in these situations (and some would say deservedly so) whereby the Western rights holder is doomed to fail in any actions against Chinese companies and so it is encouraging…continue reading
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“Having Briffa on my side and fighting my case really did fill me with confidence. Every step of the way they guided me and kept me informed. My lawyer Thomas Synott is amazing and comes highly recommended. As a creative and small business owner I would advise the services of Briffa and and there excellent staff.”
“Alex Fewtrell and the team at Briffa were very generous with time and knowledge in aiding me to achieve my desired goal. I felt supported and understood, paramount in legal disputes. I would highly recommend for those in the creative sector.”
“Extremely helpful and really great advice. Hasnath listened to my concerns and gave me some strong advice which has made a huge difference to my small business! Thank you so much.”
“ My experience with Briffa has been brilliant. I approached Tom Synott about some copyright and IP help and the advice I received from the get go was superb. Tom’s response time has always been incredible and he has really gone above and beyond to hep me with any queries I had, both by phone and email. He really helped me sort out the problem I had with excellent knowledge and efficiency. Thank you!! ”
“ Working with Briffa and the IP team has been a fabulous experience and I will be calling on them again should the need arise for expert advise. HIGHLY recommended. ”
“ Briffa, and William in particular, came highly recommended. William was responsive, straight forward and helped me think through all the possible avenues which lay ahead. He made a process which could have been complicated feel incredibly straight forward. I am very grateful. ”