Blog & News

Just Short of the Mark: R 362/2024-2, SEVEN SPA v Jakob Simon International GmbH

How broad is the scope of protection in two letter stylised marks? This was the question that the EU Board of Appeal (“EU BoA”) had to determine in SEVEN SPA…

Celebrating 30 Years of Briffa

January 2025 is a particularly significant month for Briffa because it marks the firm’s 30th anniversary. In January 1995, Margaret Briffa decided to set up her own firm because she noticed…

Battle of the ciders – has Aldi pushed the infringement boundaries too far this time?

The Court of Appeal says yes, with its recent unanimous decision in Thatchers Cider Company v Aldi Stores [2025] EWCA Civ 5. Briffa previously reported on the case of Thatchers…

Can I Register My Trade Mark Worldwide? A Simple Guide

A common question our clients ask is: “Can I register my trade mark worldwide?” The straightforward answer is no, there is no global trade mark registration that covers every country.…

How can I protect my art from being scraped by GenAI?

Generative AI, or GenAI as it’s popularly known, has been a thorn in the side of creatives for the last couple of years, many of whom have seen their art…

Costs at the UK Intellectual Property Office Trade Mark Tribunal

The trade mark tribunal at the UK Intellectual Property Office (UKIPO) hears disputes relating to the registration of trade marks which include opposition, invalidity and revocation proceedings. It offers a…

John Lydon vs. Dennis Morris: The Battle Over the PiL Logo

The ongoing legal dispute between John Lydon, better known as Johnny Rotten of the Sex Pistols, and photographer Dennis Morris has taken another turn as both parties submit revised legal…

The value of an appeal in IP disputes

The recent decision of the Court of Appeal in Thatchers Cider Company Limited v Aldi Stores Limited is one of a long line of judgments which serve to remind parties…

More time required to decide which countries to apply to for IP protection? Claim priority

Claiming priority is a handy tool that allows you to back-date the date of protection of your IP rights (e.g. trade marks, patents and registered designs) in multiple territories to…

Is it really the “entire agreement”?

So, you think you’ve come to an agreement with someone. You’ve had lots of discussions with them, back and forth emails and calls and you’ve noted some of the key…

Design Disclosure and Grace Periods: Guide for Designers

When considering the public disclosure of a new design—whether through social media, exhibitions, or other avenues—timing is very important for securing your design rights. In the UK and EU, designers…

Certification marks, what are they and how do they work?

Certification marks are powerful and, arguably, underutilised intellectual property rights. Unlike traditional trade marks, which signify origin, certification marks serve an important role in indicating that goods or services meet…

Which hypothetical person is relevant to my IP dispute?

Those who have been involved in an IP dispute in a UK court may be aware of the hypothetical person test. In order to determine whether IP has been infringed,…

“MARICON PERDIDO” Trade Mark Denied: Morality and Distinctiveness in EUIPO’s Latest Decision

The Grand Board of the European Union Intellectual Property Office (EUIPO) recently ruled that the Spanish phrase “MARICON PERDIDO” (“hopeless faggot”) cannot be registered as a trade mark under Article…

An unlikely warrior

Cú Chulainn, Conor McGregor, Katie Taylor … Ireland is known for its fearless warriors. Well, they can all step aside for the newest champion: Supermac’s. Humble beginnings Supermac’s was founded…

What if I find a non-UK domain name using my trade mark?

Domain name disputes have become increasingly common in the digital age, where a domain name can be a valuable asset for businesses and individuals alike. These disputes often arise when…

Can I trade mark the shape of my product?

It is possible to protect the shape of a product as a trade mark, however there are specific requirements and limitations to consider. The shape must be distinctive and not…

I’ve received an NDA – should I sign it?

NDA  (non-disclosure agreements or confidentiality agreements) are legal agreements/contract that people encounter frequently, both in business and personal life, in a variety of contexts. Businesses looking for funding will often…

I have no written contract – what happens with termination?

A legally binding contract can be verbally agreed with no expressed agreement in place.  However, the termination of a verbal contract can present unique challenges and requires careful consideration of…

Sky’s the Limit – SkyKick UK Ltd v Sky Ltd [2024] UKSC 36

The Supreme Court has delivered its much-anticipated judgment for SkyKick v Sky more than eight years after initial proceedings between the parties began in 2016. Following a raft of judgments…

Are my legal fees recoverable in IP litigation?

In intellectual property disputes in England and Wales, the general rule is that the losing party pays a proportion of the successful party’s costs. However, the specific rules and caps…

Registered Design Applications: The Hague System vs. National Applications

If you’re looking for international protection for your design, you have two main options: You can file individual design applications with the intellectual property offices in each country you’re interested…

Can a Person’s face be registered as a Trade mark?

The EUIPO (European Union Intellectual Property Office) is currently grappling with a significant issue regarding the registration of a photograph of a person’s face as an EU trade mark. In…

What Are the Intellectual Property Enterprise Court Cost Caps?

The Intellectual Property Enterprise Court (IPEC) is a court designed with SMEs and intellectual property in mind; it provides a forum for intellectual property litigation in the UK that is…