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Category Archives: iPit

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
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
David v Goliath battles are now more even

Enforcement of Intellectual Property Rights in the UK

17 May 2013by Robert Cumming Leave a comment

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 […]

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iPit
iPit: shortcut

Can Google provide a shortcut to trade mark law?

19 February 2013by Robert Cumming Leave a comment

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 […]

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iPit

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Robert Cumming

Themes

  • conferences
  • copyright
  • damages
  • Google AdWords
  • Infringement
  • Innocent infringement
  • INTA Bulletin
  • IP Magazine
  • iPit
  • IPKat
  • ITMA Review
  • presentations
  • Trade marks
  • World Patent & Trademark News
  • World Trademark Review

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