And he’s back at it again with another Classic Copyright Case to feast your eyes on. This time round I have the pleasure of discussing a case involving one of my all-time favourite groups: De La Soul. Back in 1989 De La Soul changed the face of hip hop with the release of their seminal album, 3 Feet High and Rising. Featuring more experimental and alternative tracks in comparison with the gangster sound that dominated hip hop at…continue reading
In a recent case the UK court ruled that fabric design can be protected by copyright as a work of artistic craftsmanship and the sale of clothes made from such fabric can amount to copyright infringement. Response, a clothing company, supplied EWM, a major retailer of clothing, with women’s tops made of a jacquard fabric with a ‘wave arrangement’ design. After Response increased their prices, EWM found alternative suppliers of the clothing items made from the same jacquard…continue reading
An often overlooked fact about copyright is that it’s all down to good admin. I know admin might not be the most exciting thing to read about but give it a chance. Copyright differs from rights like trade marks or patents because it is not registered (at least in the UK and Europe). This is actually a huge advantage because it means that you can own it for free and you don’t need to go through a long…continue reading
You may have seen that McDonalds have now launched their Big Mac® sauce as a separate condiment, which I hope that I am not alone in the pure feeling of joy this brings. But this is also a great example to show the commercial value of the Big Mac® trade mark. Before we get to the numbers, let us first deconstruct the Big Mac ®. It is made up as follows: Bottom bun; Big Mac® sauce; Lettuce; Cheese…continue reading
In the world of trade marks “confusion” is a big thing. Well actually it’s the “likelihood of confusion” that’s a big thing, actual confusion isn’t actually required – confused? Yes, me too and let’s hope this blog doesn’t confuse things. So why is the “likelihood of confusion” such a big deal: well I am glad you asked, in trade mark infringement and opposition proceedings to be successful a claimant, in most circumstances, must show three things: 1) the…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 Act 1994 (TMA).…continue reading
The UK left the EU on 31st January 2020. We are now in a transition period and for most businesses things will look and be the same as they have been. But don’t relax just yet. Just when you thought it was safe to take a step back from the turmoil of the last year we are encouraging business to start planning now for the new legal landscape that will apply from 1 January 2021. The Withdrawal Agreement…continue reading
In what is perhaps an indication of the shape of things to come when we try and predict what divergence there will be between EU and UK laws in future, the UK government has confirmed that it will not implement the European Union’s Article 13 of the Copyright Directive. Article 13 was perhaps the most controversial of all the provisions on the Copyright Directive. Originally supported by the UK along with 18 other member states of the EU,…continue reading
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