Heks’nkaas fails to obtain copyright protection for the taste of cheese

A dispute over the exclusive right of reproduction due to the similarity in taste between two Dutch cheese producers, Levola, producer of ‘Heks’nkaas’, and Smilde, producer of ‘Witte Wievenkaas’, led to the Dutch Court of Appeal to refer questions to the CJEU: 1) Whether EU law allows copyright protection in taste; 2) If so, what requirements…

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Nike defeated in LNDR vs LDNR trade mark dispute

Sportswear giant, Nike in its recent campaign ‘Nothing beats a Londoner’ had been using the mark “LDNR” as an abbreviation for ‘Londoner’. Frank Industries which manufactures and sells ladies’ leisure wear commenced legal proceedings against Nike arguing that it had infringed its “LNDR” trade mark. Frank industries applied for an interim injunction, which it was…

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Back to Rainbows, Unicorns and Smiley faces for Tesla, Elon Musk and Tom Edwards 

Those who read our recent blog article entitled “A Farting Unicorn’s Musky Attraction!” will be familiar with the copyright dispute that recently engulfed Tesla tycoon Elon Musk over Tesla’s use of a unicorn farting. To recap for those who aren’t aware of the saga, relatively unknown Coloradoan potter – Tom Edwards designed and produced a…

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An0nym1s3d D4ta

The General Data Protection Regulation, or ‘GDPR’, has finally settled in. As you have no doubt heard, “personal data” lies at the very core of the new regulation, but not all data is considered to be “personal data”. As such, and contrary to popular belief, the GDPR need not apply to certain types of data…

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Good for the sole?

Luxury footwear designer Christian Louboutin’s quest to protect the iconic red sole trade mark is finally over, after the European Court of Justice (ECJ) handed down its much-awaited judgment. The signature red sole originated back in 1993, when Christian Louboutin grabbed his assistant’s red nail varnish and painted it on to the sole of a…

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