Intellectual property Articles

Hebden v Domino Recording Company Ltd [2022] EWHC 74 (IPEC)

Specialist intellectual barrister Mark Wilden has recently critiqued the key new case of Hebden v Domino Recording Company Ltd [2022] EWHC 74 (IPEC), which concerns royalties for music streaming and downloads and could have a significant effect on the UK music industry.

Easygroup v Beauty Perfectionists [2021] EWHC 3385 (Ch)

3PB’s specialist intellectual property Third Six pupil barrister Mark Wilden analyses the decision of the High Court in Easygroup v Beauty Perfectionists [2021] EWHC 3385 (Ch).

Specialist intellectual property barrister, Nicole Bollard has issued an update on the Trade Marks and International Trade Marks (Amendment) (EU Exit) Regulations 2021, a must-read for all UK-based intellectual property specialists.

Intellectual Property and Commercial law barrister Nicole Bollard reviews Secretary of State for Health and another v Servier Laboratories Ltd and others [2021] UKSC 24 and the Supreme Court’s recent decision concerning the economic tort of causing loss by unlawful means.

Nicole Bollard analyses the judgment in Thomas v Luv One Luv All Promotions Ltd and another [2021] EWCA Civ 732, in which the Court of Appeal considered the scope of issue estoppel and when the courts can disapply it due to special circumstances.

Nicole’s article was first published in Thomson Reuters’ Practical Law Dispute Resolution blog on 9 July.

Trade marks and the drinks industry

Nicole Bollard reviews a selection of recent trade mark decisions concerning the drinks industry, including:
- Sazerac Brands LLC and others v Liverpool Gin Distillery Limited and others [2020] EWHC 2424
- Les Grands Chais de France SAS v Consorzio di Tutela Della Denominazione di Origine Controllata Prosecco
- Gleann Mor Spirits Company Limited v Muckle Brig Limited (O/366/20).

The protection of shapes in 2020: Trade Marks, Copyright & IPR Cumulation - Victoria Jones considers the following cases:

On trade marks
- Freixenet SA v OHIM C-344/10 and C-345/10 [2011] ECR I-10205 on Inherent Distinctiveness
- Windsurfing Chiemsee Produktions v Boots C-108/97 and C-109/97 on Acquired distinctiveness
- The London Taxi Corporation Ltd v Frazer-Nash Research Ltd & Anr [2017] EWCA Civ 1729
- Jaguar Land Rover Limited v Ineos Industries Holdings Limited [2020] EWHC 2130 (Ch)
- Gömböc: C-237/19

On copyright
- Cofemel v G-Star Raw CV C-683/17
- Brompton Bicycle Ltd v Chedech/Get2Get C-833/18
- Response Clothing v Edinburgh Woollen Mill Limited [2020] EWHC 148 (IPEC)

Nicole Bollard analyses The Racing Partnership Ltd and others v Done Brothers (Cash Betting) Ltd), a case involving a broad range of claims including conspiracy, copyright, database rights and breach of confidence, which will be of interest beyond those working in the horseracing arena, to those working industries which produce and disseminate data to third parties. "This article was first published by Lexis®PSL on 14/05/2019"