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Authentic values grow in importance for brands

As consumer loyalty becomes increasingly focused on brand identity, companies need to know what they stand for – and be prepared to invest in protecting their brand values In this world of increasingly tough competition, brands need to find new ways to differentiate and win new customers while maintaining their core customer base. Staying true [...]

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Intellectual Property - 3 months ago

A new UK defence to patent infringement? Not quite yet…

In a recent decision in the Intellectual Property Enterprise Court (Technetix B.V. v Teleste Limited), HHJ Hacon might have opened the door to a new so-called ‘Formstein‘ defence to patent infringement. Admittedly, the judge’s comments were obiter dicta (comments of a non-binding nature) – since the patent in suit was held invalid for want of both novelty [...]

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Intellectual Property, Technology - 5 months ago

Brexit and Designs: Government plans for a ‘supplementary unregistered design right’

With just over a month to go, the government has published in draft The Designs and International Trade Marks (Amendment etc) (EU Exit) Regulations 2019. One of the more difficult Brexit issues for IP rights is the treatment of unregistered design rights which are, of course, extremely valuable rights in a number of design-led industries. The [...]

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Intellectual Property - 5 months ago

McDonald’s fail to prove ‘genuine use’ of Big Mac trade mark

Many will have reacted with surprise at the widely reported news that McDonald’s had lost its registered EU trade mark for BIG MAC at the European Union Intellectual Property Office (EUIPO) following a cancellation action by Irish fast food chain, Supermac’s: Supermac’s (Holdings) Ltd v McDonald’s International Property Company Limited. Supermac’s successfully argued that BIG MAC [...]

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Intellectual Property - 6 months ago

MDR Brand Management

Building commercial value for brand owners. [...]

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Corporate, Intellectual Property - 10 months ago

Social media: a “breeding ground” for counterfeit goods?

The UK Intellectual Property Office has published a critical commissioned study, which identifies social media as the “most distinctive medium for communication” for sales of counterfeit goods, thereby undermining brand protection and resulting in both loss of revenue and damage to brand reputation, as well as causing issues for both government and consumers. The Share [...]

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Dispute Resolution, Intellectual Property - 2 years ago

Multiple drinks can Community design registration held invalid

The EU General Court has upheld a decision that a Community registered design featuring three sizes of drinks can, registered by Ball Beverage Packaging, is invalid on the basis that it does not have individual character over earlier similar drinks can designs on the market. IP protection for food and drinks packaging is a significant [...]

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Intellectual Property - 2 years ago

Crackdown on ‘fully-loaded’ media players

As an advertising message, “Want to watch free films, series, sport without having to pay? Who doesn’t?!” was clearly too good to be true. In the UK, sales of media players incorporating pre-installed add-ons linking to websites giving access to unauthorised content have attracted the attention of criminal prosecution authorities in recent months, with a [...]

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Intellectual Property - 2 years ago

Digital Economy Act 2017: Key IP Provisions

The Digital Economy Act 2017 received Royal Assent in the wash-up period before the dissolution of Parliament, and has finally been published. The Act contains a number of interesting provisions relating to IP. Dates for these provisions to take effect have now been confirmed. Maximum sentence for copyright offence of communicating copyright works to the public will [...]

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Intellectual Property, Technology - 2 years ago

Court grants first ‘live’ blocking order against streaming servers

The Football Association Premier League (FAPL) has won a landmark ruling in its ongoing battle to tackle illegal streaming of Premier League fixtures. The Court’s order obliges the six largest retail internet service providers (ISPs), BT, Sky, Virgin, PlusNet, EE and Talk Talk to block access to servers which allow delivery of infringing Premier League [...]

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Intellectual Property, Sports, Technology - 2 years ago