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Intellectual property versus information technology

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What’s it worth? The assessment of damages and valuation of IP in the case of Hotel Cipriani

11 January 2018by Robert Cumming Leave a comment

The assessment of damages and valuation of IP in the case of Hotel Cipriani

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conferences, damages, iPit, presentations, Trade marks

What’s it worth? The assessment of damages and IP valuation in trade mark infringement proceedings

04 January 2018by Robert Cumming Leave a comment

The assessment of damages and IP valuation in trade mark infringement proceedings

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conferences, damages, iPit, presentations, Trade marks

Black and white trade marks: just what is protected under UK law?

13 April 2017by Robert Cumming Leave a comment

13 April 2017 What is black and white and red all over?* Joking aside, the serious question being asked by brandowners is whether black and white trade marks are protected […]

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iPit, Trade marks

Episode I: A series of developments for series of trade marks

08 March 2017by Robert Cumming Leave a comment

Series marks are a common feature of the United Kingdom trade marks system, but one that is unusual because it is found in very few other countries.  The process allows […]

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iPit, Trade marks

Who owns copyright in works created by a robot?

21 February 2017by Robert Cumming Leave a comment

Cogito ergo sum: I think therefore I am Every domestic appliance seems to be “smart” nowadays.  By virtue of a connection to the Internet of things, the latest home appliance […]

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copyright, iPit

Offal decision or problem cured? CJEU decision on foreign language trade marks

23 November 2015by Robert Cumming Leave a comment

The Court of Justice of the European Union (the CJEU) has recently given guidance as to how marks which feature non-Latin scripts such as Arabic, Japanese kanji and Chinese hanzi, […]

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iPit, Trade marks

A CHEQUERED TRADE MARK HISTORY FOR LOUIS VUITTON

23 July 2015by Robert Cumming Leave a comment

By Chris Hoole.  First published in the ITMA Review July/August 2015  T-359/12 Louis Vuitton Malletier v OHIM  In a dispute that has danced around the jurisdictional handbags since 2009, the […]

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iPit, ITMA Review, Trade marks

How does IP law affect the technology in Google Glass?

19 May 2014by Robert Cumming Leave a comment

I need your clothes, your boots and your motorcycle Until very recently, the concept that machines could identify and respond to images was as far-fetched as a cyborg being sent […]

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copyright, Google AdWords, Infringement, IP Magazine, Trade marks

When will a hashtag infringe a trade mark?

11 May 2014by Robert Cumming Leave a comment

The hashtag #, or octothorpe depending on your etymological preference, is commonly used on social media to group discussions according to their topic. For example, tweets which include #iplaw allow […]

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Google AdWords, Infringement, World Patent & Trademark News
Distress signal

What will devolution of Scotland from the UK mean for IP rights?

10 May 2014by Robert Cumming Leave a comment

The price of freedom On 1 May 1707, the Kingdom of Scotland and the Kingdom of England, combined to form a single political union, which eventually formed the United Kingdom […]

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iPit, Trade marks, World Trademark Review

Lush smells success in keyword infringement battle

19 February 2014by Robert Cumming Leave a comment

Just as a tree grows and blossoms with age, so too do principles of law.  That is clearly apparent from the latest High Court judgment in Cosmetic Warriors Ltd and […]

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Google AdWords, Infringement, iPit, ITMA Review, Trade marks

Can retailers avoid liability for selling copyright infringing goods?

03 January 2014by Robert Cumming Leave a comment

In the second of a series of posts, we look at the potential liability of the so-called “innocent infringer” under UK law, that is, a business which has unwittingly traded in […]

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copyright, Infringement, Innocent infringement, iPit

INTA Enforcement Committee global report on survey evidence in trade mark matters

02 December 2013by Robert Cumming Leave a comment

Consumer perception lies at the heart of trade mark law, but identifying precisely what that might be in a form which satisfies judicial inquiry can prove elusive. Many parties turn […]

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INTA Bulletin, iPit, IPKat

Is innocent infringement a mythical beast under UK trade mark law?

06 November 2013by Robert Cumming 4 Comments

The opportunity to purchase a product which is ostensibly the same as a leading brand but significantly cheaper can be very tempting.  And nowadays consumers are not the only ones looking […]

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Infringement, iPit

Macros’ appeal fails to register

28 September 2013by Robert Cumming Leave a comment

Case T‑579/10: macros consult GmbH – Unternehmensberatung für Wirtschafts- und Finanztechnologie, (applicant) v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (respondent), MIP Metro Group Intellectual Property GmbH & Co. […]

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iPit, ITMA Review

Ministry of Sound v Spotify: does a DJ’s intellectual creativity deserve protection?

06 September 2013by Robert Cumming Leave a comment

The creation of the Ministry of Sound (MOS) nightclub in 1991 was with one goal in mind: the perfect clubbing environment: “100% sound system first, lights second, design third“. This […]

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iPit

Trade Marks on The Web seminar

26 August 2013by Robert Cumming Leave a comment

These are my notes for the recent seminar  Trade Marks on The Web.  The slides can be found here. Introduction 1. We explore one question: “When can businesses use competitors’ […]

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iPit

IP rights in tattoos under UK law

15 August 2013by Robert Cumming Leave a comment

Finding a sports or media celebrity without a tattoo nowadays might be more difficult than one who has been “inked”.  But there is clearly confusion about the ownership of copyright […]

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iPit
by Bilal Kamoon

Initial interest confusion under EU trade mark law

24 June 2013by Robert Cumming Leave a comment

Initial interest confusion is a concept in trade marks law which allows for a finding of liability where a brand owner can demonstrate that a consumer was confused by a […]

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iPit
English Rose

Interflora v M&S – High Court judgment

22 May 2013by Robert Cumming Leave a comment

The High Court of England & Wales has handed down its mammoth 50 page judgment in the long awaited case of Interflora v Marks and Spencer.  In deciding whether Marks and […]

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Google AdWords, iPit

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Robert Cumming

Themes

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  • copyright
  • damages
  • Google AdWords
  • Infringement
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  • INTA Bulletin
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  • IPKat
  • ITMA Review
  • presentations
  • Trade marks
  • World Patent & Trademark News
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