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Dark horse

Dark Horse Dispute Runs On

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…
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Gin

Gin, Vera Lynn and a Timely Trade Mark Win

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…
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Influencer

Influencers, Instagram and a Pretty Little Problem

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…
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news which is fake

Trade Mark Trumps

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…
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Pets

The Pets Factor

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…
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Trade Mark

Trade Mark Trials and Tribulations

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…
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Copyright sign

Copyright conundrums

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…
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Lego

LEGO wins significant victory in China

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…
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Chain of blue writing, blockchain

Blockchain: a new weapon in the fight against fakes

Following from our recent article on the implications of blockchain for royalty management and distribution in the media industry, further practical applications are being offered by several pundits. In this article, we consider the impact for anti-counterfeiting in particular. From paintings to fashion pieces and luxury goods, being able to prove the authenticity of a particular piece is the first step in being able to exploit it for commercial use: few people are going to want…
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Blockchain

Blockchain in media royalties

Blockchain is the latest buzzword on everyone’s lips and it’s not hard to see why; the technology has the potential to completely change how we create, secure and transfer intangible property ranging from money and insurance to contracts and IP. We deal with a number of clients in the media sector and of particular interest to them will be the impact of block chain on content rights and royalty management. So what exactly is blockchain?…
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Briffa is a firm of leading intellectual property solicitors based in London. We’re creative, transparent and competitively priced — our highly skilled team provides the level of expertise and quick turnaround times you need to ensure your intellectual property and business interests remain protected.

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