A Chinese court has ruled that three domestic shoe makers must pay New Balance $1.5 million in damages and legal costs for infringing the American sportswear company’s signature slanting “N” logo. The court said that the three defendants behind the brand, New Boom, (Zheng Chaozhong, Xin Ping Heng Sporting Goods Limited Company and Bo Si…Details
Apple’s animoji feature allows users to animate the facial expressions of emoji’s using facial recognition technology which will be included on the iPhone X. Tokyo based Emonster KK sued Apple in federal court saying it holds the U.S trade mark on the term animoji and that Apples use of the term is “textbook case” of…Details
With the return of London Fashion Week and the uncertainty of Brexit still looming, there has been speculation about what Britain’s inevitable split from the EU will mean for London’s fashion industry. London Fashion Week (LFW), being one of the world’s leading trade showcases, contributes to making the city one of the biggest four fashion…Details
General Data Protection Regulation (GDPR) – No consent required – but what is “legitimate interest”?
Last week I wrote about why “consent”, in many cases, will not be required from data subjects in order to process data under the GDPR. You can read all about that here. In brief, there are many bases on which personal data can be processed under the existing and new data protection frameworks. One of…Details
The PLANE PAL product and the FLY TOT product Samantha Cardone designed and developed the Plane Pal inflatable cushion with a view to helping children sleep better on planes. Winnie Lu and Kate Kuo allege that Cordone stole the design from the Fly Tot product design and developed by their U.S. company. Spot the difference…Details
Last month the High Court handed down its lengthy judgment in W3 Limited v Easygroup Ltd  EWHC 7 (Ch), which was generally in relation to W3’s infringement of Easygroup’s well known “EASY” trade marks by using the sign EASYROOMMATE. W3 is the Claimant in this matter, due to it filing a claim for ‘unjustified…Details
This month we have been celebrating the 100th anniversary of the passing of an Act of Parliament giving women over 30 the right to vote. This most welcome of milestones called to mind the very day I first gave any real consideration to the topic of women’s rights. It was summer 1979. Margaret Thatcher had…Details
(Image – Diesel 2018) If you’re looking for a knock-off version of your favourite branded luxury designer item Canal Street has long been the place to visit in New York. With its small shops, hidden back rooms and “bargain” pricing it has been the go to destination for cost conscious fashion fans who want…Details
Four months and counting… The GDPR comes into force on 25 May. Widely publicised as one of the biggest legal shake-ups in years, many businesses are understandably apprehensive about how the regulation will be implemented and, more importantly, how they can ensure that they are compliant. The overarching requirement of the regulation is that the…Details
The Attack of the Toblerclones – Sale of Poundland’s ‘Twin Peaks’ allowed by Mondelez but only for a limited run!
Poundland announced in June 2017 its intentions to release a mountain-inspired chocolate bar, Twin Peaks, by December. However, the product’s release was halted after it received a legal letter from Mondelez, the legal owners of the Toblerone brand, claiming trade mark infringement for the overall shape of the bar, the pyramid-shaped chocolate peaks, the prism-shaped…Details
The UK Court of Appeal recently handed down judgment in Caspian Pizza and ors. v Shah and ors.  EWCA Civ 1874, which has taken another look at whether someone with a valid ‘locality’ defence to trade mark infringement has sufficient right to invalidate the trade mark asserted against it. Background and first instance The…Details
Have you ever worked on a commercial project with a friend, colleague or even a lover? When it was finished, were you clear on who owned the creative output? The reason I ask is that it’s often the case that this issue is a little fuzzy, particularly when it comes to copyright. Now don’t get…Details