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Do I have to identify the designer?
It is possible to waive the name of the designer when filing a European Community Design, but you should be sure that you have the rights to the design
I have always had a bit of a problem with the question “what’s the probability of success?”. Is this patent going to be granted? Are we going to win this proposed litigation? Clients quite reasonably want to know, and most people accept there is...
‘Tis the season to be jolly, but Marks and Spencer (M&S) is 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...
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...
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...
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...
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...
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...
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...
