Puma loses appeal against Nike

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The decision in PUMA SE v Nike Innovate CV was handed down on 27 May 2021. The England and Wales High Court dismissed Puma’s appeal and upheld the United kingdom’s (UK) Intellectual Property Office (IPO) Hearing Officer’s November 2020 verdict. Nike applied to register the word “FOOTWARE” as a UK trade mark in March 2019. […]

Protecting your intellectual property!

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Intellectual Property (IP) is something that you create using your mind such as, a symbol, a story, artistic work, or an invention. It needs the right type of protection so that you can prevent others from trying to steal or copy your work. Once protected it can be bought, sold, licenced out and treated as […]

Beverly Hills Polo Club lose infringement of trade mark claim against Greenwich Polo Club

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The England and Wales High Court has recently given judgment on Lifestyle Equities CV and Lifestyle Equities BV v The Copyright Groups Ltd, Nicholas Francis Durbridge, Greenwich Polo Club. The Honourable Mr Justice Marcus Smith held that Beverly Hills Polo Club (claimants) were unable to prove infringement of their Beverly Hills Polo Club mark by […]

Intellectual Property Office’s temporary fee changes due to end

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In July 2020, the United Kingdom (UK) Intellectual Property Office (IPO) revised its fees to patents, trademarks, registered designs, and supplementary protection certificates to help and encourage filers during the Covid-19 pandemic. The changes included removing surcharges for patent application fee payments after the filing date, zero fees for time extensions, and reduced late payment […]

Burberry beats Baneberry in China

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In the latter half of February, the Suzhou Intermediate People’s Court has issued an injunction against a copycat brand in China called Baneberry. The injunction was issued on behalf of Burberry. The Court found that Shanghai based company, Xinboli Trading had infringed on Burberry’s logo and trade marked patterns. Xinboli had owned two trade marks […]

Brexit: Intellectual property rights in Gibraltar

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Gibraltar has a small population of around 35,000 people but is rated in the top 20 global territories for gross domestic product per head. This is largely due to Gibraltar’s generous tax system, financial services, and internet gambling. The chief executive of Bet365 (online gambling) earned £323 million in 2019. Gibraltar does not have an […]

Amazon placed on the United States Trade Representative’s “notorious” list

Amazon’s German, Spanish, and United Kingdom’s (UK) platforms have been placed on the United States (US) Trade Representative’s (USTR) 2020 “Notorious Markets” list due to having “high levels of counterfeit goods” on these platforms. European platforms were found to list high volumes of counterfeit goods including, amazon.co.uk, amazon.es, amazon.it, amazon.de, and amazon.fr. Rightsholders are concerned […]

Intellectual property disputes after Brexit

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11pm on the 31 December 2020 signified the end of the transition period. It brought implications for many areas of business and law including the United Kingdom’s (UK) intellectual property (IP) disputes system. IP disputes before 31 December 2020: UK rightsholders could protect their European Union (EU) rights here in the UK. UK courts had […]

Secondary copyright infringement?

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The Copyright Designs and Patents Act 1988 gives two different groups of infringing acts. They are primary infringement and secondary infringement. For secondary infringement, the defendant needs to have had certain knowledge, or reasonable grounds to have that knowledge, at the time of carrying out the infringement. The following acts, if carried out without the […]

Primary copyright infringement?

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The Copyright Designs and Patents Act 1988 gives two different groups of infringing acts. They are primary infringement and secondary infringement. Primary infringements are ‘strict liability’ torts, which means no knowledge or intention is needed to be shown by the defendant to establish liability. If a person does any of the following restricted acts in […]