When identifying who to sue for intellectual property infringement, generally the company infringing the intellectual property rights is named as a defendant in the infringement action and not the directors individually as a joint tortfeasor (joint infringer). However, a recent decision of the Intellectual Property Enterprise Court has indicated that in certain circumstances it may…
DetailsWhen identifying who to sue for intellectual property infringement, generally the company infringing the intellectual property rights is named as a defendant in the infringement action and not the directors individually as a joint tortfeasor (joint infringer). However, a recent decision of the Intellectual Property Enterprise Court has indicated that in certain circumstances it may…
DetailsJose Mourinho’s recent move to manage Manchester United FC hit a road bump when it came to the rights in his name and image. Chelsea FC own the trade mark for Jose Mourinho’s name throughout the EU. As owner of the trade mark, Chelsea have the right to stop any other party using the name…
DetailsGoogle attempts to limit the scope of legislative ruling It’s been reported that Google is appealing to the French High Court to limit the scope of the right to be forgotten. The present right to be forgotten is enshrined in case law (Google Spain v AEPD and Mario Costeja González) since 2014; soon to be…
DetailsYou remember Rubik’s Cubes don’t you? Of course you do, fashionable in the 80s, retro in the 90s, slightly forgotten in the noughties, and the subject of an Advocate General opinion in the teenies (yes, 2016 is the “teenies”). It turns out that in 1996 a UK company applied for the following 3D mark in…
DetailsThe EU’s General Court recently found that the trade mark ‘NIAGARA’ was descriptive for bottled water and similar goods. It held that the public were likely to perceive ‘niagara’ as indicating the origin of the applicant’s goods (i.e. Niagara Falls) and – as such – the word must be kept free in order to allow…
DetailsDistribution Disasters In the last year, we’ve noticed a significant rise in the number of clients either looking to register trade marks overseas and then finding they’re ‘blocked’ by trade mark applications filed by their own distributors or clients’ trade mark watching services picking up applications filed by their own distributors. While, in most cases,…
DetailsThe Intellectual Property Enterprise Court, the Court that specialises in IP matters in England and Wales, has recently found that a sole director and shareholder can be personally liable for the infringement committed by his company. Background The claimant owned European trade marks for the word GRENADE and an associated logo in relation to energy…
DetailsThe International Olympic Committee (“IOC”) have relaxed the ban on Olympic athletes lending their name, image or likeness to advertising campaigns around the Olympic Games. The IOC strictly govern advertising and sponsorship around the Olympic Games to prevent over-commercialisation of the Games, promote the focus on an athlete’s performance and, potentially most importantly, protect the…
DetailsA new claim has been made against Google; this time from Getty Images. Getty is due to file a complaint with the European Commission about Google’s high resolution image search. Whilst this makes Google’s image search results clearer, Getty alleges that it has an effect on consumers – as they don’t need to visit the…
DetailsCan copying 8 seconds of a cricket match lasting around 2 hours constitute copyright infringement? According to the High Court of Justice Chancery Division inEngland And Wales Cricket Board Ltd & Anor v Tixdaq & Anor [2016] EWHC 575 (Ch) it can. The case is also noteworthy as a fair dealing defence was ran. Facts…
DetailsHow to stop your fashion designs being copied? Under EU law, protection for unregistered designs comes via Council Bahasa Regulation (EC) No. 6/2002 on Community Design. In order Governor for a design to be considered to have individual character, the overall impression which that design Systems produces on the informed user must be different from…
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