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Perspective - Blog

Cyber_Bytes - Issue 22

Published on 15 Sep 2020. By Richard Breavington, Partner and Rachel Ford, Partner

Welcome to the latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 21

Published on 03 Sep 2020. By Richard Breavington, Partner and Rachel Ford, Partner

Welcome to the latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 19

Published on 31 Jul 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, a round up of key developments in cyber, tech and evolving risks over the last two weeks.

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Perspective - Blog

Cyber bytes - Issue 17

Published on 01 Jul 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber bytes - Issue 16

Published on 16 Jun 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber bytes - Issue 15

Published on 01 Jun 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber bytes - Issue 14

Published on 22 May 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber Bytes - Issue 13

Published on 20 May 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber Bytes - Issue 12

Published on 21 Apr 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 10

Published on 10 Apr 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber Bytes - Issue 11

Published on 06 Apr 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 8 2020

Published on 10 Mar 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to the eighth 2020 edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 9

Published on 09 Mar 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 7 2020

Published on 10 Feb 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to the seventh 2020 edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Cyber_Bytes - Issue 6 2020

Published on 29 Jan 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, a round up of key developments in cyber, tech and evolving risks over the first month of 2020.

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Perspective - Blog

Cyber_Bytes - Issue 5 2019

Published on 10 Dec 2019. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Partner

Welcome to Cyber_Bytes, a bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Perspective - Blog

Pushing back on APP scams

Published on 18 Jul 2019. By Ian Dinning, Senior Associate

An Authorised Push Payment (APP) is where a payer instructs their payment service provider, such as their bank, to send money from their account to another. These payments are usually made through the Faster Payment Service or CHAPS.

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Perspective - Blog

Brevan Howard's gagging order against Reuters upheld by the Court of Appeal in breach of confidence case

Published on 10 Jul 2017.

The news agency, Reuters, has lost its appeal against an injunction, which prevented it from reporting leaked confidential and commercially sensitive information concerning a leading global alternative asset manager, Brevan Howard Asset Management LLP.

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Perspective - Blog

18 months on - the ICO reflects on Google Spain

Published on 11 Nov 2015. By Alex Wilson, Partner

The ICO has recently blogged on the cases it has received in the year and a half since the Google Spain decision last May.

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Perspective - Blog

Brand & Khan obtain continuing "anti-harassment" order against masseuse

Published on 29 Sep 2014.

The High Court has recently granted an extension to an anti-harassment injunction taken out by Russell Brand and Jemima Goldsmith, otherwise known as Jemima Khan (the Claimants), against a masseuse (the Defendant).

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Perspective - Blog

A Chinese lesson for private investigators

Published on 30 Aug 2013. By Keith Mathieson, Partner

Those engaged in the investigation business – whether sniffing out personal or corporate intelligence – are well aware of the need to comply with laws that protect personal information.

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Perspective - Blog

Can schools take pupils' fingerprints?

Published on 09 Apr 2013. By Keith Mathieson, Partner

The Times reported last week that parents at an independent school in north London had protested when fingerprints were allegedly taken from pupils without consent with a view to the fingerprints being used for the automated lunch payment system.

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Perspective - Blog

A former editor’s view on the naked Royal

Published on 22 Aug 2012. By Keith Mathieson, Partner

There’s an interesting view on the naked pictures of Prince Harry from a former tabloid editor.

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Perspective - Blog

Access to Documents in Criminal Proceedings – Guardian Challenge Secures Change

Published on 03 Apr 2012. By Keith Mathieson, Partner

The Court of Appeal has ruled that where documents have been placed before a judge and referred to in the course of open proceedings, the default position should be that access should be permitted on the open justice principle.

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Perspective - Blog

Cabinet minister's 17-year-old son gets privacy injunction but not anonymity

Published on 15 Feb 2012. By Keith Mathieson, Partner

The son of Caroline Spelman, the Environment Secretary, has obtained an injunction against the publishers of the Daily Star Sunday.

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Perspective - Blog

A "tenuous claim to privacy": Hutcheson v News Group

Published on 23 Jul 2011. By Keith Mathieson, Partner

Can you expect to keep a second family private? That was the ambitious hope of celebrity chef Gordon Ramsay's father-in-law, Chris Hutcheson.

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Perspective - Blog

A former judge reflects on privacy injunctions

Published on 15 Jun 2011. By Keith Mathieson, Partner

Mr Justice Eady's interview last month by Joshua Rosenberg -

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Perspective - Blog

A digest of recent news (1) - UK judgments

Published on 30 May 2011. By Keith Mathieson, Partner

For one reason and another, the blog has been unable to report on much of the recent news. This entry is an attempt to remedy the situation. Normal service should be resumed shortly.

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Perspective - Blog

Another ruling on privacy injunctions

Published on 22 Mar 2011.

Judgment was handed down today in a case where a privacy injunction was made in 2008.

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Perspective - Blog

Can employers spy on their employees?

Published on 11 Mar 2011.

The US media have reported a number of instances in which companies have hired private detectives to spy on workers taking "sickies".

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Perspective - Blog

Anonymity order lifted in marital privacy case

Published on 28 Feb 2011.

A High Court judge has lifted an anonymity order protecting the identity of a formerly married couple involved in a privacy dispute.

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Perspective - Blog

Anonymity proposed for teachers accused by pupils

Published on 31 Jan 2011.

The controversial Education Bill was published on 26 January 2011.

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Perspective - Blog

A mass outbreak of anonymity: CDE and FGH v MGN and LMN

Published on 20 Jan 2011. By Keith Mathieson, Partner

It is not unusual for claimants in privacy cases to be anonymised. It is less common for defendants and distinctly unusual for non-parties.

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Perspective - Blog

7/7 footage withheld from public to protect privacy of victims and their families

Published on 14 Jan 2011.

The Coroner conducting the inquest into the terror attacks in London on 7 July 2005 has ordered that certain footage shown in court of the aftermath of the 7/7 attacks should not be released to the media.

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Perspective - Blog

Anonymity of egg and sperm donors

Published on 13 Jan 2011.

A survey by Manchester Fertility Services highlights issues of privacy concerning egg and sperm donation.

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Perspective - Blog

Applications for privacy injunctions – when notice need not be given

Published on 10 Jan 2011. By Keith Mathieson, Partner

In DFT v TFD [2010] EWHC 2335 (QB) Sharp J made an order to restrain publication of allegedly private and confidential information without notice having been given to either the respondent or the media.

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Perspective - Blog

Anonymisation of parties in matrimonial proceedings

Published on 10 Jan 2011. By Keith Mathieson, Partner

The Court of Appeal has lifted an order by a family court judge which directed that the parties to the proceedings should be anonymised.

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Perspective - Blog

Ginfringement: Success for M&S in the Court of Appeal in registered design spat with Aldi

Published on 15 Mar 2024. By Rory Graham, Associate and Georgia Davis, Of Counsel

M&S and Aldi's gin bottle battle over design rights has reached a conclusion (for now) as the Court of Appeal has unanimously upheld the IPEC's decision that Aldi's bottle infringed M&S' design.

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Perspective - Blog

Clear as gin: M&S and Aldi take liquor bottle battle to the Court of Appeal

Published on 26 Jan 2024. By Rory Graham, Associate and Georgia Davis, Of Counsel

Intellectual property enthusiasts' favourite supermarket adversaries were back at loggerheads this week as M&S and Aldi appear before the Court of Appeal. The pair sought to thrash out a first instance decision handed down in the Intellectual Property Enterprise Court (IPEC) regarding alleged infringement of M&S' registered design rights in a gin bottle.

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Perspective - Blog

Thaler v Comptroller [2023] UKSC 49: the UKSC rules that AI cannot be an 'inventor'

Published on 10 Jan 2024. By Matthew Jones, Partner

To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the UKIPO. It also reflects similar findings from most of courts around the world where the claimant, Dr Thaler, brought similar actions.

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Perspective - Blog

Generative AI and intellectual property rights—the UK government's position

Published on 03 May 2023. By Helen Armstrong, Partner and Jani Ihalainen, Associate and Joshy Thomas, Knowledge Lawyer

The IPO is to produce a code of practice by the summer that will provide guidance to support AI firms in accessing copyright protected works as an input to their models.

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Perspective - Blog

M&S v Aldi – lookalike claims lit up by design rights

Published on 24 Mar 2023. By Ciara Cullen, Partner and Harpreet Kaur, Associate

As lookalike products rise in prominence, the Intellectual Property Enterprise Court's (IPEC) recent ruling that the sale and advertisement of Aldi's 'Infusionist' range of favoured gins infringed M&S's UK registered designs protecting the light-up bottles containing its 'Snow Globe' gin range (Marks and Spencer PLC v Aldi Stores Limited [2023] EWHC 178) highlights the utility of registered design rights in circumstances where other intellectual property rights (IPR) are often less able to provide protection.

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Perspective - Blog

Lookalikes and passing off—bottle design get-up claim (Au Vodka)

Published on 07 Nov 2022. By Ciara Cullen, Partner and Sarah Mountain, Partner and Samuel Coppard, Senior Associate

Currently there's significant activity in the lookalikes space. The Au Vodka claim (Au Vodka v NE10 Vodka [2022] EWHC 2371), which focuses on bottle design 'get-up', arrived in the courts for an interim injunction hearing in September 2022. Au Vodka's application was dismissed. The judgment shows that passing off—get-up claims based on shape can be challenging to bring, particularly at the interim stage, and prompts the question of whether it's possible to bring Cofemel and copyright into the lookalikes arena.

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Perspective - Blog

Sky Kick Back! High Court finding of bad faith overturned by Court of Appeal in long-running Sky v Skykick saga

Published on 09 Aug 2021. By Ben Mark, Partner and Sarah Mountain, Partner

On 26 July 2021, the Court of Appeal (CoA) handed down its much-anticipated decision in the latest instalment of the Sky v Skykick trade mark dispute.

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Perspective - Blog

William Grant & Sons v Lidl: where to be-gin?

Published on 16 Jun 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Partner

On 25 May 2021, the Scottish Court of Session (SCOS) granted an interim interdict (akin to an interim injunction), which prevents Lidl from selling its own brand 'Hampstead gin' in Scottish stores, pending the outcome of the matter at trial.

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Perspective - Snapshot

Copyright: Online platform operators’ liability for users illegally uploading copyright material

Published on 02 Nov 2020. By David Cran, Partner, Head of IP & Tech

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

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Perspective - Blog

Landmark case sees trade mark specifications cut down on grounds of bad faith.

Published on 29 Apr 2020. By Ben Mark, Partner and Sarah Mountain, Partner

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.

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Perspective - Blog

COVID-19 prompts changes to working arrangements for the Court of Justice of the European Union

Published on 09 Apr 2020. By Louise Morgan, Senior Associate

Prompted by the COVID-19 pandemic, the CJEU announced, on 19 March 2020, that it will be temporarily changing its working arrangements.

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