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Domain Dispute Don’ts

Briffa was recently involved in a Uniform Domain-Name Dispute-Resolution Policy (UDRP) which raised some novel points and ultimately resulted in a finding of reverse domain name hijacking (RDNH) against the complainant. That is, despite the complainant requesting the proceedings be terminated. In Case No. D2019-2738 In Loco Tecnologia da Informação S.A. v. Perfect Privacy, LLC. / Dermot O’Halloran, ZZG Ltd Briffa acted for the respondent, Dermot O’Halloran, ZZG Ltd. The complainant filed the complaint alleging…
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Bonzo Dog Dispute shows how emotions must not be brought to court

In November 2019 the 1960’s rock artists ‘The Bonzo Dog Do Dah Band’ won the right to carry on performing under that name. The story is at its heart a dispute between the band and Bob Carruthers, one-time manager and promoter of the band played out in a tussle for rights in the name. It shows how in the absence of parties properly discussing the business they want to do with each other and setting…
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Imperial Enterprise Lab

Imperial Enterprise Lab: Helping Students get to Grips with Intellectual Property

The Imperial Enterprise Lab is an impressive physical and intellectual space where student innovators and entrepreneurs are inspired to put their creative skills and abilities into practice with a view to solving technological, scientific, social and environmental problems. I was lucky enough to be invited to the Lab a few weeks ago to meet some students and alumni (some of whom are at the early stages of their journeys, and some of whom are already…
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Social media

Get rid of that libellous post and while you are at it anything else with an equivalent meaning!

Does Facebook, or other social media platforms, have an obligation not just to delete defamatory posts, but other posts with an equivalent meaning? This was a question that the European Court of Justice (the “CJEU”) recently considered. Facts  A Facebook user shared an article about an Austrian Green Party politician and posted a comment, which was defamatory on Facebook. The politician requested Facebook remove the post on the basis it was defamatory, but Facebook refused.…
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Tabloids

Harry and Meghan’s defamation battle

Following the news that Prince Harry and Meghan Markle are stepping back as members of the Royal Family, you could be forgiven for thinking that recent media coverage reads like a leaked script for season 4 of The Crown. Amongst the many questions (or varying interest and relevance) which are being asked about this royal development, one which has caught some journalists’ eye is whether, and how, this will affect the Sussexes’ ongoing legal battle…
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Spotify

Will the real valid licence please stand up? Eight Mile Style go the extra mile against Spotify

Eminem’s music publisher Eight Mile Style has filed a lawsuit against Spotify for copyright infringement. As Eminem’s music publishers (and therefore as a result of the publishing agreement signed between the two), Eight Mile Style own and control the copyright to the musical compositions written in whole or in part by Eminem (real name Marshall Mathers). Owning the copyright to music is a valuable asset which can be commercially exploited by way of licensing, as…
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dark horse

Katy Perry’s Dark Horse loses the race

You may recall a few months ago we wrote about the copyright infringement case brought against Katy Perry by Christian hip hop artist Marcus Gray or Flame as he is known (don’t worry, we haven’t heard of him either) and two others over her song Dark Horse. The plaintiffs claimed that Perry and the other producers and songwriters who worked on the song copied the beat from Flame’s song Joyful Noise. The defendants argued that…
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Photographer

Victoria Beckham sued for copyright infringement. Is there not a better way?

Even celebrities could benefit from some basic intellectual property law knowledge. We have previously reported on the claim against GiGi Hadid regarding a photograph she used of herself without securing the permission of the copyright owning photographer. The case received widespread attention and comment and one might have expected celebrities or if not celebrities their PR and social media teams to take note. Namely that you don’t have the right to publish any photograph of…
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make-up

Charlotte Tilbury successful in copyright action against Aldi. Is it enough to make Aldi blush?

Some months ago, I read an article in a money magazine headed ‘Are Aldi’s ‘copycat brands good value for money?’. The piece went on to review 10 products across a diverse range of products including food detergents and make-up. The rating given to the various ‘copycat’ items varied but for most the reviews were positive, identified differences and where the copy product was not as good as the original but largely went on the say…
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Malt

A Tale of Two Malts: Glenfiddich v Glenfield

A recent UK Intellectual Property Office decision has provided clarity on the scope of protection offered by word-only trade mark registrations in the UK, particularly when such marks are being enforced against similar figurative trade marks. William Grant & Sons Ltd (WGS), the independent, family-owned Scottish distillery (and owner of a UK trade mark registration for the mark ‘GLENFIDDICH’) opposed the registration of Vivek Anasane’s trade mark application for the below ‘GLENFIELD’ (Figurative) trade mark:…
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Briffa is a firm of leading intellectual property solicitors based in London. We’re creative, transparent and competitively priced — our highly skilled team provides the level of expertise and quick turnaround times you need to ensure your intellectual property and business interests remain protected.

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