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Design Rights - Tourist Hoodies and T-Shirts Lack Novelty, High Court Rules

For a design to qualify for protection as intellectual property, it must both be novel and have individual character. In a guideline case, the High Court found that the design of Union Jack-emblazoned hoodies and T-shirts, targeted at the London tourist...

High Court Aids Ship Designer in 'Blatant' Breach of Confidentiality Case

Trade secrets are the lifeblood of many businesses and the law will provide powerful assistance in protecting them. That was certainly so in the case of a ship design company whose confidential information was blatantly misused by a prospective client. ...

Internet Piracy - Gaming Giant Nintendo Granted Websites Blocking Order

Companies that spend vast sums on developing products have every right to feel aggrieved when they are subjected to wholesale internet piracy. The High Court made that point in coming to the aid of video gaming giant Nintendo. Since the launch of its...

Employers are Generally Entitled to Fruits of Their Employees' Creativity

Inventive employees can find it galling that copyright in their creative works generally belongs not to them but to their employers. As one case made plain, however, that is one of the sacrifices that has to be made in return for a regular salary. The case...

Ticket Touts Cannot Justify the Unjustifiable - Landmark Court of Appeal Ruling

Illegal ticket touts who contend that their crimes are victimless are seeking to justify the unjustifiable. The Court of Appeal made that point in a landmark case of crucial importance to the sports and entertainment industries. The case concerned two...

Is Data Centre 'White Space' Subject to Business Rates? Question Answered

In order to be subject to non-domestic rates, a commercial space must be capable of beneficial occupation for the purpose for which it is intended. In a guideline case, a tribunal considered whether that criterion is met by so-called 'white space' in the...

Film Studios Faced by Piracy Scourge Granted Internet Blocking Orders

Wholesale copyright infringement – otherwise known as piracy – has been a feature of the internet almost since its inception. In coming decisively to the aid of six major film and television studios, however, the High Court showed that...

AI Machines May Take Over, But Not Yet - Landmark Patents Ruling

Artificial intelligence may be advanced but, at least so far as patent law is concerned, it has yet to overcome the human monopoly on inventiveness. The point was made by a Court of Appeal test case concerning devices that were said to have been invented by...

Indirect Consumer Confusion - Bourbon Supplier Wins Trade Mark Battle

The average consumer is not a fool, but trade mark law is all about mistakes and unwitting assumptions they might be expected to make. The Court of Appeal made that point in a case concerning competing brands of bourbon . A supplier of luxury bourbon held...

Even Modest Sole Traders Can Reap the Benefits of Trade Mark Protection

No matter how small your business may be, it is always worth engaging a solicitor to ensure that you have proper trade mark protection. In a High Court case on point, registration of various trade marks paid dividends to a sole trader who made a modest...
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