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Court of Appeal upholds copyright infringement decision against digital radio aggregator
The Court of Appeal has refused TuneIn's appeal of a 2019 judgment finding that it had infringed the copyright of Warner and Sony by linking to online radio stations.
Read moreNeed for reasonable enquiries upon receipt of potentially confidential information
The Court of Appeal recently held that a recipient of information will be bound by a duty of confidentiality if it was reasonable for them to have made enquiries as to the confidential nature of the information and they failed to do so (Travel Counsellors Ltd v Trailfinders Ltd [2021] EWCA Civ 38).
Read moreOh (no) Polly – clothing brand infringed the design rights of a direct competitor the High Court finds
The High Court has held that G4K Fashion Limited, trading as 'Oh Polly', has infringed UK unregistered design rights (UKUDR) and community unregistered design rights (CUDR) owned by Original Beauty Technology Company Limited (Original Beauty) by copying several of its 'bodycon' and 'bandage' garments. Original Beauty was, however, unable to establish passing off.
Read moreHold your horses: Raceday data dispute likely to head to Supreme Court
In a dispute, between suppliers of live betting and raceday data from racecourses, the Court of Appeal was asked to consider whether a duty of confidence could be applied to live sports data between its creation and broadcast when that information was available in real time. We look at the Court's decision, and the reasons for it, in more detail below.
Read moreBrexit – a guide to protecting your rights from 1 January 2021
Like many other areas of law, intellectual property (IP) will undergo a raft of changes overnight, when the Brexit transition period expires on December 31 2020.
Read moreNeat infringement claim leaves whiskey competitor’s trade mark on the rocks
The producers of Eagle Rare bourbon whiskey have succeeded in their trade mark infringement claim against competitor, American Eagle. The case highlights the impact of market-specific context in determining whether consumers are likely to be confused by similar trade marks. Whilst the case has general relevance, it will be of specific interest to alcohol and luxury goods brands.
Read moreCopyright: Online platform operators’ liability for users illegally uploading copyright material
C-682/18 Frank Peterson v Google LLC and others and C 683/18 Elsevier Inc. v Cyando AG EU:C:2020:586 – A-G opinion
Read moreToo many cooks… 'Fit Kitchen' trade mark infringed
On 29 July, Fit Kitchen Limited (FKL) won its case for trade mark infringement and passing off against Scratch Meals Limited (SML). Both FKL and SML provide healthy pre-prepared meals: FKL via an online subscription site, which allows users to customise meal choices, based on their individual macros and dietary preferences and SML, through the manufacture and sale of products to supermarkets.
Read moreBritish Gymnastics lands well in trade mark infringement proceedings
The national governing body (NGB) for Gymnastics in Britain has succeeded in trade mark infringement and passing off proceedings against an organisation using the sign “UK Gymnastics”, in a Judgment which is likely to assist several Sport England and UK Sport-funded NGBs. In particular, it shows how to deal with organisations using signs which suggest they are an NGB (when they are not).
Read moreSega’s early win against Man Utd in Football Manager trade mark case
As first published by leading sports law resource LawInSport, Jeremy Drew and Samuel Coppard discuss Man United’s trade mark infringement proceedings against Sega and Sports Interactive in relation to Football Manager.
Read more'Nosecco' is a no-no, says the High Court
In recent years, health and wellbeing has been big business in the UK. The COVID-19 outbreak has only further stoked the desire to obtain and maintain healthy minds and bodies and the trend looks set to continue, across the retail sector.
Read moreLuxury and online marketplaces - the next chapter (Coty v Amazon)
On 2 April 2020, the CJEU ruled that storing infringing goods on behalf of a third-party seller, without knowing that those goods infringe trade mark rights does not constitute infringement, provided that the storing party does not pursue the aim of offering the goods for sale or putting them on the market.
Read moreLandmark case sees trade mark specifications cut down on grounds of bad faith.
Today, the High Court handed down judgment in Sky v SkyKick. The judgment follows the CJEU's 29 January 2020 decision, which answered various questions that the High Court had referred to it, back in June 2018.
Read moreCOVID-19 prompts changes to working arrangements for the Court of Justice of the European Union
Prompted by the COVID-19 pandemic, the CJEU announced, on 19 March 2020, that it will be temporarily changing its working arrangements.
Read moreEUIPO issues clarification on COVID-19 extension of time for trade mark and design proceedings
The EUIPO has issued a clarification in respect of Decision No EX-20-3 noting that the extension of deadlines in trade mark and design EUIPO proceedings to 1 May 2020 applies automatically.
Read moreSo Long Blues
Following our previous IP hub update, Glaxo has suffered fresh survey woes.
Read moreSnapshots Summer 2024
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Spring 2024
A roundup of key legal developments for the modern commercial lawyer.
Read moreExpress and implied good faith obligations and relational contracts
Did an express or implied general duty of good faith arise under a relational contract between parties who were also competitors?
Read moreInterest clauses – displacing the courts’ wide discretionary powers to award interest on debt or damages
What is the courts’ approach to awarding statutory interest when a contract provides for contractual interest.
Read moreIncorrect invoicing – claiming the difference between sums mistakenly invoiced and sums correctly due under agreement terms
When a supplier invoices a lower sum than the figure due under the agreement, can the customer defend a claim in debt based on incorrect invoicing?
Read moreSPA breach of warranty claim – interpreting a no material adverse change warranty
How will the courts assess an alleged breach of a warranty that there had been no material adverse change in the financial prospects of a company?
Read moreExclusion clauses - loss of profits and wasted expenditure
What factors does the court take into account when construing an exclusion clause that covered loss of profits and wasted expenditure, and how does the court approach arguments on whether UCTA applies where the parties are dealing on standard terms of business that have been subject to some negotiation?
Read moreExcluding statutory implied terms – inequality of bargaining power considerations
In what circumstances is it reasonable to exclude the statutory implied term as to quality?
Read moreSnapshots Winter 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Autumn 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Summer 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Spring 2023
A roundup of key legal developments for the modern commercial lawyer.
Read moreSnapshots Winter 2022
A roundup of key legal developments for the modern commercial lawyer.
Read moreUK Government sets out proposals for regulation of AI
What are the UK Government’s plans for the future regulation of artificial intelligence (AI)?
Read moreOfcom prepares for implementation of Online Safety Bill
How and when does Ofcom expect to carry out its new regulatory function for online safety created by the Online Safety Bill?
Read moreICO to focus on vulnerable and disadvantaged in new three-year plan
How does the UK’s Information Commissioner’s Office (ICO) propose to protect the data of those most vulnerable in society?
Read moreEuropean Parliament adopts the Digital Markets Act and the Digital Services Act
What are the next steps in the legislative timelines for the Digital Markets Act (DMA) and the Digital Services Act (DSA) and what should companies be doing now to prepare?
Read moreEuropean Commission publishes Q&As on the new Standard Contractual Clauses
What does the latest guidance from the European Commission tell us about the new Standard Contractual Clauses (SCCs) under the EU’s General Data Protection Regulation (GDPR)?
Read moreUK announces new copyright exemption for text and data mining to promote AI development
What does the UK Government’s response to its consultation on Intellectual Property (IP) and Artificial Intelligence (AI) mean for text and data mining?
Read moreThe EU Accessibility Act
What obligations will the EU Accessibility Act place on companies that manufacture or provide in-scope products and services?
Read moreThe UK’s new Data Protection and Digital Information Bill
Will the Data Protection and Digital Information Bill achieve its stated aim of encouraging innovation and easing the burden of compliance for businesses, while upholding high data protection standards?
Read moreSnapshots Autumn 2022
A roundup of key legal developments for the modern commercial lawyer.
Read moreImproper threats to disclose private and commercially sensitive information obtained from conversation overheard during acquisition negotiation
Can the court prevent disclosure of information of a confidential nature obtained from a private conversation overheard by the opposing party during a negotiation?
Read moreCourt of Appeal construes “affiliates” in settlement agreement release clause widely to include own as well as other party affiliates
Will a court give a broadly drafted “full and final settlement” release clause its natural meaning to release all affiliates including a party’s own affiliates?
Read moreThe new Product Security and Telecommunications Infrastructure Bill
What will the proposed Product Security and Telecommunications Infrastructure Bill (Bill) mean for manufacturers, importers and distributors of connectable consumer products?
Read moreEuropean Commission forces consumer and advertising changes on TikTok
How does the European Commission enforce consumer and advertising rules against technology companies who are rapidly adapting their use of content and data?
Read moreRestraint of trade covenants – post-termination non-compete clause invalid as no legitimate interest to protect
In what circumstances will a non-compete clause imposing restrictions on a party after the termination of an agreement be enforceable?
Read moreImplied novation by conduct despite contract requiring variations and termination to be in writing
Will an express unilateral termination clause or a clause requiring any variation to the contract to be in writing prevent an implied novation from occurring?
Read moreForce majeure clause construction – Covid-19 temporary delay not “inability to perform” leading to valid termination of contract
Did a temporary delay caused Covid-19 restrictions allow a party to rely on a force majeure clause to terminate a contract?
Read moreNew ASA guidance on enhanced disclosure of ads aimed at children
What advertising disclosures does the ASA expect in advertising targeted at children?
Read moreASA raps podcast for not being easily identifiable as an ad
How careful do you need to be with advertising disclosures for podcasts which contain marketing communications?
Read moreThe ASA’s new Intermediary and Platform Principles Pilot
What does the launch of the ASA’s new voluntary pilot scheme mean for the interaction between digital platforms and online advertisers?
Read moreCMA investigates ASOS, Boohoo and Asda over “greenwashing"
What does the CMA’s investigation into eco-friendly and sustainability claims within the fashion world mean for advertising industry more generally?
Read moreASA rules on #ad disclosure for director’s social media posts
Do the ASA’s rules on advertising disclosure extend to directors and other employees posting on social media?
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