Related insights: IP Disputes and Litigation
WBD secures landmark win in rare Patents Court action with £13.4m in damages awarded by The High Court
07 Oct 2022
Womble Bond Dickinson has advised its longstanding client Geofabrics Limited, a leading UK manufacturer of geotextiles and geocomposites, on a landmark and historic win.
"Shape" of success: High Court declares non-infringement in Ed Sheeran copyright dispute
11 Apr 2022
Although music disputes are not uncommon, few reach the court room, so there is some mystery about how judges determine whether a musician has copied another's work. Fortunately, the recent judgment involving Ed Sheeran's "Shape of You" gives some insight on what artists need to prove to succeed, how the parties presented their cases and, ultimately, why Mr Justice Zacaroli found in favour of Mr Sheeran
How did Hasbro lose its 'Monopoly'? Bad faith in repeat trade mark filings
04 Aug 2021
The EU General Court has partially invalidated one of Hasbro's EU trade marks for MONOPOLY, finding that Hasbro acted in bad faith when it re-filed for an identical mark covering identical goods and services, attempting to artificially prolong protection and distort EU trade mark law. In its defence, Hasbro argued the practice was widespread – but does re-filing ever constitute a legitimate commercial strategy?
UKIPO invites views on UK parallel trade system post-Brexit
29 Jul 2021
Relevant to all UK consumers, The UK Intellectual Property Office has produced a consultation paper on the future of the UK's exhaustion of intellectual property rights and parallel trade regime post-Brexit.
Colin v Cuthbert - PR as a tool in legal battles
27 Apr 2021
"Colin the Caterpillar" was officially trade marked in 2008. A little over 10 years later, Aldi started selling Cuthbert the Caterpillar. Marks & Spencer has this month filed a claim against Aldi claiming Aldi's Cuthbert has violated its intellectual property in Colin. Notably, Marks & Spencer has not yet brought claims against the other retailers who also sell caterpillar cakes. Aldi will be asked to remove Cuthbert from its shelves and to refrain from selling similar products in the future. In response, Aldi has announced that it intends to sell a limited edition version with profits going to charity and has asked if "Colin and Cuthbert [can] be besties".
Intellectual Property Enterprise Court revisits joint authorship after retrial is ordered in Martin v Kogan
01 Mar 2021
Following the decision of the Court of Appeal to remit the case back to the Intellectual Property Enterprise Court, there has been another judgment in the dispute between Julia Kogan and Nicholas Martin, concerning the authorship of the screenplay of the film 'Florence Foster Jenkins'.
A cautionary tale on transferring IP assets at an undervalue
02 Feb 2021
The Intellectual Property Enterprise Court has dismissed[1] a claimant's application for summary judgment which alleged that a licensee had infringed its registered trade marks and had breached the terms of its licence.
The Hajdu Halloumi decision – collective marks as badges of origin
04 Dec 2020
As the UK prepares to depart from the EU, it will introduce shortly a national regime for the protection of geographical indicators. Against this background, it is interesting to read how the scope of registered collective marks was interpreted widely by the High Court so as to defeat a UK trade mark application that had incorporated the entirety of an earlier collective mark as only one of its elements. The decision demonstrates how, despite being subject to the general rules pertaining to trade marks, collective marks can be useful and powerful assets. It also serves as a reminder of the approach to be adopted when assessing the extent to be which collective marks might share visual, aural and/or conceptual similarity with other marks.
Court finds no 'classic' bait and switch selling where there is no confusion
20 Nov 2020
'Bait and switch' selling is the act of marketing certain goods, but then substituting alternative goods when such goods are supplied. At its broadest, it is any attempt to get customers to accept something different from what originally attracted them. Such acts may be restrained if they are deemed to constitute an actionable misrepresentation.
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