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The dangers of using look-a-likes in your ads – Ariana Grande sues Forever 21

If you ask a celebrity to endorse your products and they turn you down, you can’t get over your disappointment by simply engaging a look-a-like model to do the job. This point is I suspect about to be rammed home in a court of law in Los Angeles where Ariana Grande has sued Forever 21 for posting at least 30 unauthorised images and videos across its website and social media platforms using her name, likeness…
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Eton mess

Chocs Away: Hotel Chocolat have gloves off with Waitrose

Supermarkets copying a successful original brand is not a new problem. Far from it. Research by Witch Magazine reveals that one in five shoppers had accidentally bought a supermarket version of their favourite brand while a investigation by the Consumer Group found that more than 150 supermarket own label products had “borrowed” elements from the packaging of branded competitors. they included McVitie’s Digestives, Kellogg’s Coco Pops, Radox bath gel and Jacob’s Cream Crackers. Increasingly supermarkets…
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cactus in a pot

When Passing Off Gets Prickly

(1) Henry Martinez t/a PRICK (2) Henry Hate Studio & Prick Tattoo Parlour Limited -v- (1) Prick Me Baby One More Time Limited t/a PRICK (2) Gynelle Leon Warning to readers: As you can probably gather from the title, this is a case in which the word PRICK is heavily featured. There’s simply no avoiding it (as both sides trade as PRICK, but for very different reasons) and we will use it in this article…
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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 remainder of the lease on the campsite (known as Cloud Farm) and the DVH website. However, without the Claimant’s knowledge,…
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voltmeter reading

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 be suitable to join directors personally. Facts Grenade (UK) Limited (Grenade), markets foods and drinks for sports that offer energy…
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