Written by Éamon Chawke

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…

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…

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…

Can I use someone else’s trade mark?

A trade mark owner has a legal right to prevent you from using their registered mark without their permission. However, while that is the ‘default rule’, there are many circumstances…

Disney turns 100

I’m friends with a couple who are OBSESSED with Disney. They’ve seen all the movies. They know all the songs. They’ve been on multiple trips to multiple Disneylands in multiple…

What to include in my freelancer agreement?

We’ve heard a lot about artificial intelligence and machine learning this year, but there are still some tasks best undertaken by homo sapiens – particularly art, craft, design and other…

Can you trade mark a heart?

The Board of Appeal of the European Union Intellectual Property Office (the Board) has refused to recognise as valid a trade mark for the 3D shape of a bread roll…

Transferring personal data between the EU and the US just got a little bit easier

Last month, the European Commission adopted its adequacy decision for the EU-US Data Privacy Framework. The decision means that the European Commission is now satisfied that the US ensures an…

Andy Warhol, copyright and fair use

Andy Warhol (who passed way in 1987) was an artist who was an important contributor to the pop art movement that took flight in the 1950s. He created multiple silkscreen…

AI vs Copyright

It seems that the whole world has been talking about artificial intelligence (AI) over the past few months. All aspects are being discussed and scrutinized in the court of public…

Toblerone moves mountains in Switzerland

Toblerone is an IP practitioner’s dream product. It has it all. The iconic name and logo are protected as trade marks, the design and layout of the packaging is protected…

How do I choose a strong brand name?

Unhelpfully, trade mark lawyers and brand advisers often give conflicting answers to this question. The latter will often say that a brand name should speak to the consumer and easily/immediately…

Move over GDPR, the DSA is the next big thing to come out of Europe

When the GDPR came into force about five years ago, it made headlines because it was a mammoth piece of EU legislation introducing significant changes to data protection law throughout…

Banksy, trade marks and bad faith … the plot thickens

Banksy is a street artist, political activist and film director who is based in England, but whose real name and identity remain unconfirmed. He has had a bit of a…

NFTs, Christmas and Melania Trump

NFTs, or non-fungible tokens, are unique digital files (e.g. images, video etc.) registered on a blockchain. The system of creating, registering and selling NFTs is designed in such a way…

Instagram fined for breaching data protection rules

In May 2018, the GDPR came into force across the EU and many businesses thought the sky would fall. The mammoth piece of EU legislation incorporated, amongst other things, a…

Can you copyright a colour?

The short answer: no, you cannot copyright a colour. The slightly longer answer: it is possible to exercise monopoly control over the use of colours in certain contexts and circumstances…

How to copyright architectural drawings?

Copyright is a broad and flexible right which protects a range of creative ‘works’ including literary works (such as architectural notes and descriptions), tables, compilations and databases (such as a…

How to copyright my poems?

Are you the next William Shakespeare, Sylvia Plath, Walt Whitman, Edgar Allan Poe, Maya Angelou? Do you want to protect the fruits of your literary, poetic, creative labour? Read on.…

How To Protect Your Product Design

What is a ‘product’ anyway? Most of us understand the word product to mean ‘something that has been produced’ (i.e. manufactured or made). The EU law regulating the protection of…

Data, data everywhere … now what?

1 January 2022 marked the one year anniversary of the end of the Brexit transition period. Perhaps predictably, one year on, some things are indeed different, but a lot of…

Is ABBA mania about to have its Waterloo?

Earlier this month, the iconic Swedish band ABBA sued a British tribute band, ABBA MANIA, for trade mark infringement in a New York court Abba is trying to prevent the…

BYE BYE FACEBOOK, HELLO META

Facebook announced last month that it’s changing its name to Meta. However, the rebrand may involve certain challenges for the social media giant. A tech start-up based in Arizona, Meta…

When can 3D shapes be registered as trade marks?

In the 1970s, Nestlé developed the “Nespresso” coffee machine and a coffee capsule to go with it. The company obtained several patents for various aspects of the machine and the…