Jim McDonnell
FeatureIP: brand coexistence agreements
How should a brand coexistence agreement, made long before the internet gained any kind of popularity, apply to global online use?
FeatureCopying regulations quashed
How copyright is affected by format-shifting and storage of files in the cloud.
FeatureProtection for unprotected databases
The owner of a database may be able to rely on broader rights if they have no IP rights.
- News
Trademarks in toys and games – part two
A recent High Court judgment concerning the Scrabble ‘tile’ trademark highlights the tension between trademarks and the functional elements of toys and games. Below is part two of a two-part summary of a few key decisions in this area; claims with varying degrees of success. Part one was published on ...
- Feature
Trademarks in toys and games – part one
A recent High Court judgment concerning the Scrabble ‘tile’ trademark highlights the tension between trademarks and the functional elements of toys and games.
- News
Trademarks and the ‘own name’ defence
In 2008, the High Court granted an injunction prohibiting the use of the name ‘Cipriani’ for a restaurant in London ([2008] EWHC 3032 (Ch)). This was subsequently upheld by the Court of Appeal ([2010] EWCA Civ 110). The parties have recently returned to court to address claims for breach of ...
- News
Costs caps and multiple parties
In recent years, the Patents County Court (PCC), in particular through the efforts of Judge Colin Birss QC, has taken great strides to make IP litigation more affordable and accessible for smaller businesses. A key provision at its disposal is a cap on the costs which a party may be ...
- News
Community designs and the design corpus
In a recent case in the ongoing battle between Apple and Samsung, the High Court has provided fresh guidance on assessing the infringement of community designs, and in particular the subject of the ‘existing design corpus’ (or ‘prior art’), and several passing comments which will be of interest to any ...
- News
Copyright - access and similarity
The creation and development of characters and storylines can be tricky, whether they are entirely fictional or based on fact, as two recent copyright cases have shown. In Mitchell v BBC, a question arose on subconscious copying of cartoon characters; while in Hodgson v Isaac, a dispute arose as to ...
- News
Trademark infringement using Google ‘AdWords’
The Court of Justice of the European Union has handed down its long-awaited judgment in Interflora v Marks & Spencer (Case C-323/09). The final outcome remains to be decided by the High Court, but the judgment provides important guidance for businesses using competitors’ trademarks as Google ‘AdWords’. However, some parts ...
- News
New laws on the use of cookies
With accusations of ignorance and fear-mongering coming from both the privacy and the tech-freedom camps, recent new laws surrounding the use of ‘cookies’ have not been without their problems.
- News
New laws on the use of cookies
With accusations of ignorance and fear-mongering coming from both the privacy and the tech-freedom camps, recent new laws surrounding the use of ‘cookies’ have not been without their problems.