Category: Infringement
M&S allegin’ design infringement – Aldi sparks new row
| 23rd December 2021
‘Tis the season to be jolly, but Marks and Spencer (M&S) are none too happy about Aldi’s two new gin product designs. Whilst Aldi’s Twitter team has been making light of it with some tongue-in-cheek tweets, M&S believes that Aldi has infringed …
How to estimate “user principle” damages in an IP infringement dispute
| 19th May 2021
Although this article is entitled ‘How to estimate ‘user principle’ damages in an IP infringement dispute’, I did consider calling this ‘When someone borrows your horse without asking’. Please read on, and hopefully you will see why! If a court …
Financial Compensation for Intellectual Property Infringement
| 10th April 2021
An intellectual property right is fundamentally a right to prevent competitors from using your brand, invention, design, copyright work, or whatever. But what if they do? A rightsholder who successfully sues for infringement will be able to obtain an …
Part 36 offers to settle
| 29th March 2021
Intellectual property litigation is costly and time-consuming. Commercially pragmatic parties will understandably want to avoid this cost and will seek to negotiate an end to the dispute. But what if one side just isn’t being reasonable? It can be diff …
Registered design infringement – what gets compared and how similar does it have to be?
| 24th September 2020
Quite a few years ago now, we thought it would be fun to look at some decisions on registered design validity and infringement and put together a quiz. The quiz is still available on our website. For each of thirteen pairs of designs the questio …
New Report on Design Infringement in the UK
| 6th December 2018
The UK IPO has recently published a report based on four-years of research into the attitudes and actions of ‘design-right owners’ when encountering infringement of their IP (intellectual property). The purpose of this research is to prov …
Nikola v Tesla – patent trolling or genuine concern?
| 12th May 2018
Trucking start-up company Nikola have sued Tesla for $2 billion, alleging that Tesla have infringed their US design patents for an alternative fuel truck. Nikola is a start-up company founded by self-described serial entrepreneur Trevor M …
Playing Chicken: NANDO’S v FERNANDO’S
| 20th March 2018
If you are ‘gallinivorous’ (someone who eats chickens), it is fair to say you are having a rough time. In February, the national Kentucky Fried Chicken (KFC) shortage temporarily closed almost two-thirds of the United Kingdom’s KFC branches. In the rec …
Crime and punishment: Trademark Infringement in the grey market.
| 23rd November 2017
Whilst most incidences of trademark infringement are dealt with by the bringing of civil proceedings, it is an often-overlooked fact, that the Trade Marks Act 1994 (TMA 1994) prescribes for an action for trademark infringement in criminal law. C …
When is a McVitie’s not a McVitie’s, this really takes the biscuit: are we being tough enough on Copycat brands.
| 14th September 2017
The Biscuit Dilemma: How many times have you gone down to your local shop, picked up a packet of your favourite biscuits, in my case a packet of McVitie’s chocolate digestives, only to arrive home and to find that you’ve been ‘duped’ into purchasing a …
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