Making your mark in China - how to protect intellectual property and avoid trading blows in court

As the Chinese economy continues to grow at an astonishing rate, so does the number of foreign businesses fighting to secure their place in the Chinese market.

Are you creating data? Then the Database Directive is (probably) not for you!

The Court of Justice of the European Union has, in a case concerning football fixtures lists, provided guidance as to when copyright will subsist in a database under the EU Database Directive.

Copyright catch-up

Is a service that streams free-to-air television programmes via any internet enabled device to subscribers, at virtually the same time as they were being broadcast, but without the consent of the owners of the copyright in the works streamed, infringing copyright?

A flight of fancy - copyright ownership between film producers and directors

In the case of Slater v Wimmer, The Patents County Court has examined the copyright ownership provisions of the Copyright, Designs and Patents Act 1988 in the context of film making.

The ASA rules on Mars' celebrity Twitter campaign

It's a legal requirement that adverts are clearly identified as adverts. But how do you achieve this in the space of 140 characters (the limit for posts - Tweets - on Twitter)?

Fishy trade mark gets off the hook

HHJ Colin Birss QC has helped resolve two trade mark issues in the High Court.

Don't get too close - new Olympic advertising regulations

Last week, new draft regulations were published, controlling advertising in the vicinity of Olympic venues. Brands should take note that contrary to the impression media coverage may have given, the regulations are not just a crackdown on streakers.

Young at heart? - The 'informed user' in design law

In one of its first rulings on substantive Community design law the Court of Justice of the European Union (CJEU) provides guidance on some of the key issues surrounding Registered Community Designs.

Interflora v M&S: further guidance in the AdWords minefield

Interflora Inc and another v Marks and Spencer plc and another: Court of Justice of the European Union in case C-323/09 - 22 September 2011

Brand owners cautiously jubilant following ruling of Court of Justice in L'Oreal v eBay

The Court of Justice of the European Union has handed down its judgment in the case of L'Oréal v eBay, and overall it is good news for brand owners.

Kingspan v Rockwool: comparative advertising in the spotlight

Comparative advertising is again in the spotlight, as Mr Justice Kitchin's judgment in Kingspan v Rockwool was handed down on 21 February 2011.

Play Dough is confusingly similar to Play-Doh ®

A judgment that was handed down on 11 February 2011, in the high-profile case of Hasbro v 123 Nährmittel and another, is good news for the owners of marks of this nature.

Specsavers v Asda - UK court focuses on Asda's unfair advantage taking (but provides no clear view on how to establish trade mark infringement by dilution)

Specsavers has successfully established that Asda infringed its community trade mark for the word "SPECSAVERS" by Asda's use of the tag line "Be a real spec saver at Asda" during its 2009 campaign to promote its in-store opticians.

Maker of VODKAT fails to convince Court of Appeal that extended passing off is now too broad

The Court of Appeal has upheld the High Court judgment that Intercontinental Brands (ICB) passed off its VODKAT product as vodka and this caused, or was likely to cause, damage to Diageo, manufacturer of the SMIRNOFF brand of vodka.

Another win for perfume brands before the CJEU

Does the sale of a perfume tester bottle bearing the perfume house's trade mark but also a notice that it is "not for sale" infringe the relevant trade mark?

Ambush marketing – did it all kick off in South Africa?

So, the World Cup is almost over. Spain or the Netherlands will be the victors on the pitch, but who has triumphed in marketing terms? The official sponsors, which have paid many millions for the privilege? Or, the companies seeking to develop an unofficial connection by ambush marketing?

'Henry' gets a clean win in the High Court

Numatic was successful in its claim of passing off against Qualtex in respect of Qualtex's vacuum cleaners which mimicked the basic Henry model shape and black bowler hat lid but not its surface decoration (smiley face and red colour ways).

Court of Appeal reluctantly applied the ECJ's guidance in L'Oreal v Bellure

The Court of Appeal has today handed down its long-awaited decision in L'Oreal v Bellure. The decision implements the responses given by the European Court of Justice (ECJ) (as it then was) in June 2009 to questions referred to it by the Court of Appeal.

Tricky trade mark issues - toy shapes and trading names

In the Cipriani SRL & Ors v Cipriani (Grosvenor Street) Ltd & Others case, the English Court of Appeal has provided guidance on what is required for a business located elsewhere to have goodwill in England which is sufficient enough to base a passing off action on.

Reproduction of Opel logo on imitation toy cars does not infringe trade mark rights

The ECJ's ruling in the Opel v Autec toy cars case in January 2007 was a landmark in European trade mark law. The case is always referred to whenever the question of whether "trade mark use" is required to establish trade mark infringement arises.

Dilution of vodka prevented by High Court

In the Diageo North America, Inc r v Intercontinental Brands case the owners of the famous 'Smirnoff' brand of vodka have succeeded in establishing extended passing off against InterContinental Brands in respect of its Vodkat alcoholic beverage.

CTM for CANNABIS is too descriptive of beer

The Court of First Instance (CFI) has upheld a invalidity finding in relation to CANNABIS as a community trade mark for beer and other goods in classes 32 and 33.

Product placement - UK ban set to be lifted

In a dramatic U-turn, the Government announced that it will consult again on the issue of product placement. Speaking at the Royal Television Society's Cambridge Convention, Ben Bradshaw gave new hope to advertisers and commercial broadcasters alike.

Proposals for the reform of the Patents County Court

Proposals have been put forward by the Working Group set up by the Intellectual Property Court Users Committee to reform the cost regime and procedures of the English Patent County Court.

Marketing authority for racemate does not invalidate SPC for its enantiomer

In an appeal concerning the validity of a patent for an enantiomer of  a racemic mixture and a Supplementary Protection Certificate based on that patent and marketing authorisation, the Court of Appeal found both the patent and SPC valid.

The English court's turn to make a reference to the ECJ in yet another Google keyword trade mark dispute

In yet another trade mark dispute resulting from Google's AdWord service, the UK High Court has decided to refer a "comprehensive" list of questions to the European Court of Justice before the hearing of the main trial.

Big boost for brands

In a dispute concerning downmarket fragrances intended to be smell-a-likes for several of L'Oreal's famous perfumes, the European Court of Justice (ECJ) has provided guidance to the UK Court of Appeal which will be welcomed by many brand owners.

Is eBay an IP pirate or merely the unaware ocean over which such pirates may sail?

In L'Oreal v eBay, the English High Court has held that eBay was not jointly liable for the trade mark infringements committed by several users of its website (named in the action as the fourth to tenth Defendants).

Famous names and trade mark registrations

In the Fiorucci v Ohim case, the Court of First Instance considered whether the use by a third party of a trade mark consisting of the first name and surname of Italian designer Elio Fiorucci would mislead the public.

Software patents in Europe

Alison Brimelow, President of the European Patent Office (EPO), has entered the fray on the vexed subject of the patentability of software and has referred various questions to the Enlarged Board of Appeal.

IP in the UK budget

A first glance through the Budget - and the 222 pages of notes produced by the Treasury - didn't look promising.

The high street fights back - eBay censured by ASA

The Advertising Standards Authority (ASA) has banned a poster advert for eBay which claimed that the online retailer was "25% cheaper than the high street on brand new items."

IP or no IP? Is that the question?

With asset values on the whole diminishing, a number of funders are revisiting their corporate loan portfolios to examine their security packages, both in relation to valuation and enforceability. Are lenders as secure as they thought?

Google suffers setback in Adword dispute in US Court of Appeals

The US Court of Appeals for the Second Circuit has allowed an appeal by Rescuecom that Google's use of Rescuecom's trade mark could amount to "use in commerce".

Getting their © grooves back

Many IP agreements include a clause which specifies certain consequences if material breaches are not remedied after a period of notice. More clarity on this issue has now come from the English High Court.

Are you getting maximum bang for your IP buck?

Intangible assets, of which Intellectual Property (IP) is often the most significant, represent more than 50% of the value of most companies. But these assets are coming under increased scrutiny.