Damages for passing off

Carry on Camping   The Intellectual Property Enterprise Court (“IPEC”) recently handed down a judgment in relation to the assessment of damages in a passing off case. The Claimant in this matter purchased a camping business called “Doone Valley Holidays” (“DVH”) from the Defendant. As part of the purchase the Claimant bought the business, the…

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Dodging Grenades

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…

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In A Barrel…

The 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…

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Olympic Athlete Sponsorship Deals and Rule 40

The 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…

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Fair dealing gets bowled out

Can 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…

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