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So, we’ve heard a lot about Lidl and Tesco. But – in the blog posts as in the judgment - copyright seems to be an afterthought. It might be that by paragraph 278 we all needed a coffee. It might be…

This post is the second of four, considering the decision of Smith J in Lidl v Tesco [2023] EWHC 873 (Ch), focusing on the passing off element of the judgment. Many were surprised that Lidl was…

This post is the first of four looking at the decision of Smith J in Lidl & another v Tesco & another [2023] EWHC 873 (Ch). It will focus on the s.10(3) trade mark infringement elements of the…

19/10/2022 T-275/21, DEVICE OF A CHEQUERBOARD PATTERN (fig.), EU:T:2022:654   The French designer’s iconic fabric, one that is no stranger to catwalks and maison de couture around the world, has…

The decision in question, made by the General Court of the EU – Standard International Management LLC v EUIPO – has clarified that use of EU trade marks in advertisements and offers for sale…

The Falsified Medicines Directive (2011/62/EU) (FMD) was introduced in 2011 with the aim of safeguarding the public against medicinal products within the EU whose identity, history or source had been…

The General Court of the European Union (“GCEU”), annulling the Board of Appeal (“BOA”) decision, found that L’Oreal’s K K WATER mark is not confusingly similar to Heinze’s earlier K mark. It was not…

Intellectual property law is designed to confer exclusive protections to intangible assets, to be used in compliance with honest commercial practices. In the absence of a statutory definition of what…

The ongoing dispute, originally instigated by Nestlé, surrounding Cadbury’s trade mark applications for the colour purple has recommenced.  Mr Justice Meade of the High Court recently handed down…