How does IP law affect the technology in Google Glass?
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 […]
When will a hashtag infringe a trade mark?
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 […]
What will devolution of Scotland from the UK mean for IP rights?
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 […]
Lush smells success in keyword infringement battle
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 […]
Can retailers avoid liability for selling copyright infringing goods?
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 […]
INTA Enforcement Committee global report on survey evidence in trade mark matters
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 […]
Is innocent infringement a mythical beast under UK trade mark law?
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 […]
Macros’ appeal fails to register
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. […]
Ministry of Sound v Spotify: does a DJ’s intellectual creativity deserve protection?
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 […]
Trade Marks on The Web seminar
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’ […]
IP rights in tattoos under UK law
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 […]
Initial interest confusion under EU trade mark law
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 […]
Interflora v M&S – High Court judgment
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 […]
Enforcement of Intellectual Property Rights in the UK
Recent reforms to the English court system have significantly levelled the playing field for small and medium-sized business seeking to enforce their intellectual property rights. Brand owners are now able […]
Can Google provide a shortcut to trade mark law?
The Wisdom of Crowds by James Surowiecki examines the theory that aggregated wisdom of everyday people can prove far more insightful and accurate than that of individuals acting alone, even […]
Keyword advertising in the EU – where are we now?
The invention of the world wide web in 1989 coincided with the harmonisation of the European Union’s trade mark laws. At that time, the possibility that advertisements could be interactive, […]
Techniques to improve online brand profiles
Introduction: emancipation of consumers and retail 2.0 The development of the internet as a medium over the course of the last 15 years or so has changed the retail landscape […]
Is our ability to innovate running out of steam?
According to the World Intellectual Property Organisation, more patents were filed in 2011 than any previous year. That’s a global total of over two million patents filed annually. In the […]
When will Africa mature as an attractive market for Western brands?
Africa’s global contribution to GDP is only about 3% but it is set to receive a demographic dividend as its young populace begins to work in the next decade or […]
English court says no to survey evidence in trade mark litigation
Evidence gathered by surveys is often treated with caution. And if some of the responses given on the Family Fortunes, a long-running British game show, that hesitant approach is not misplaced (“name […]
