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At first blush, it might be considered that this case marks a new dawn for enforcement authorities demonstrating their willingness to seek high value recovery orders and to pursue aggressive litigation tactics, including applications for summary judgement; however, it seems more likely that the DPP was encouraged and indeed emboldened by the exceptional factual matrix and the Defendant’s litigation conduct.
The Supreme Court’s recent judgment in SkyKick v Sky found that the Court of Appeal were wrong to overturn the High Court’s decision that Sky had acted in bad faith when registering some of their broad trade mark registrations in relation to the specifications.
The Court found that the funds and cryptocurrency held by the Tate brothers are the proceeds of a deliberate and dishonest cheat of the revenue (HMRC).
On appeal, Prada argued that its triangle mark had been used in a commercially meaningful way across the contested product categories. The company presented a wealth of evidence to substantiate its claims.
There have recently been several disputes pertaining to Aldi’s supermarket own-brand products, essentially the alleged copying of goods from other leading brands. Recent legal rulings have indicated that, whilst these “copycat brands” may be similar, it is unlikely to cause confusion substantive enough to amount to infringement under the Trade Marks Act 1994 (“TMA”). Registered design rights, however, may give a considerable advantage in fights against “copycat brands”.
The Court of Appeal in THG Plc & Others v Zedra Trust Company (Jersey) Ltd [2024] EWCA Civ 158 examined whether limitation periods apply to unfair prejudice petitions under section 994 of the Companies Act 2006, and, if applicable, which periods are relevant.
Recent legal developments have suggested that mediation is becoming a mandatory step in certain litigation proceedings in England and Wales.
When considering a trademark, the inclination is to immediately think of recognisable logos and words. But trademarks can also include colours, devices, product shapes, scents, tastes and sounds.
Billed as the most significant change in employment law in 30 years, the Employment Rights Bill has arrived in the first 100 days of this new Government, so that promise at least has been kept. But what about the rest?
The cryptocurrency sector in the UK is expanding rapidly, with a turnover of approximately £12.1 billion. In April 2022, the UK Government announced its ambition to establish the country as a global hub for cryptoasset technology and investment.
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