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Global IP & Technology Law Blog

CMA Moves to Investigate ‘Green’ Claims

By Carlton Daniel, Francesco Liberatore & Francesca Bexon

November 22, 2020

On 2 November 2020, the UK Competition and Markets Authority (CMA) announced that it will be investigating descriptions and labels used to promote products and services claiming to be ‘eco-friendly’ and whether they could mislead consumers. The concern for the CMA is that an increase in demand for sustainability could lead to businesses making misleading, vague or false claims about the environmental impact of the goods or services. The CMA has specified that misleading behaviour…

Global IP & Technology Law Blog

Ferrari Loses Race for 250 GTO Trademark: Risks Arising From Non-Use of Registered Trademarks

By Jaroslav Tajbr & Viktor Vrablik

November 18, 2020

Ferrari 250 GTO, often hailed as the most expensive car in the world, was initially introduced by Ferrari in 1962. Only 36 models of 250 GTO were exclusively produced between 1962 and 1964. The fact that each buyer had to be personally approved by Enzo Ferrari only added to the exclusivity of this particular car model. Because of their exclusivity and the fact, that the existing models are still running, these models became something of…

Global IP & Technology Law Blog

VAT on Compensation Payments in Intellectual Property Settlements

By Carlton Daniel & Timothy Jarvis

November 17, 2020

This blog is a follow-up to our recent blog on HMRC’s surprising Changes to VAT and Early Termination Payments. As we noted, HMRC’s updated guidance is proving to be highly controversial. What’s happened? Folks are unhappy because the updated guidance treats contract termination payments (including for breach or withdrawal or under liquidated damages clauses) as supplies for VAT (i.e. taxable), when they were previously treated as outside the scope of VAT.…

Global IP & Technology Law Blog

Brexit Impacts on Trade: Relief for Pharmaceuticals and Advice for Contracting

By Squire Patton Boggs

November 15, 2020

Brexit threatens to have a significant impact on import to and export from the UK of both goods and services. Recent legislative measures have provided more time for implementing medicines regulation in Northern Ireland, so that business can prepare in relation to batch testing, importation and Falsified Medicines Directive requirements, as reported by Adrian Spooner in our Triage Health Law blog here. But as explained in guidance from Simon Jones, as noted in…

Global IP & Technology Law Blog

Is a Tattoo Protected by Copyright? Is it Infringed if it Appears in a Computer Game?

By Carlton Daniel

November 13, 2020

We previously blogged on a New York case that considered these thorny issues. In a new blog published in our Sports Shorts blog, we look again at this issue as very recently adjudicated by an Illinois court. Were these issues to be litigated in the UK, a similar result would likely arise. Namely, a tattoo will be protected by copyright as an artistic work, as long as the design is the author’s own intellectual…

Global IP & Technology Law Blog

Messi Scores Goal in Trade Mark Dispute: Registering Celebrity Names as Trade Marks

By Carlton Daniel & Ailin O'Flaherty

November 3, 2020

The Court of Justice of the European Union (“CJEU”) has ruled that, after a decade-long legal battle, football ace Lionel Messi has the right to register his name as a trade mark. This interesting case confirms that celebrity names are registrable as trade marks. However, whilst there are some advantages to seeking such protection, there are also some risks that need to be taken into account. The Messi Decision Background The full judgment of the…

Global IP & Technology Law Blog

Platform to Business Regulation – Now in Force

By Carlton Daniel & Lucy Hopman

October 26, 2020

Since 12 July 2020, the Platform to Business Regulation has been directly applicable in the UK and all EU member states. However, with Brexit worries and the COVID-19 crisis having an ongoing impact on business in the digital sector, the new rules have passed many by. Now is the time to ensure compliance. The Regulation applies to online platforms (examples include e-commerce marketplaces, app stores, comparison websites and social media platforms) and search engines that…

Global IP & Technology Law Blog

Ongoing Challenges for Fashion Brands in Germany – Legal Issues with Style Names Revisited

By Dr. Sandra Mueller

October 20, 2020

Using first names as style names to assist consumers in distinguishing between certain items, styles or washes within a collection is a widespread practice in the fashion industry. Compared to numerical identifiers, names may trigger emotions and are much easier to remember. Style names may be used in manifold ways, e.g. on labels sewn in the inside of garments, hangtags and boxes or in advertising material such as catalogues and offers on the internet. What…

Global IP & Technology Law Blog

Are APJs Constitutional? The Supreme Court Will Review Arthrex

By Frank Bernstein

October 14, 2020

On October 13, 2020, the U.S. Supreme Court agreed to take up the question of the constitutionality of the Patent Trial and Appeal Board (PTAB) under the America Invents Act (AIA). The Supreme Court will review the decision of the Court of Appeals for the Federal Circuit in what has become well known as the Arthrex case. Potentially thousands of PTAB decisions in the eight or so years since the AIA came into force are…

Global IP & Technology Law Blog

UK Begins Review of National Gambling Legislation

By Squire Patton Boggs

October 13, 2020

The UK government has started its review of national gambling legislation, likely to result in the introduction of a new Gambling Act. New measures could include tighter restrictions on gambling sponsorship and advertising, such as gambling operators no longer being allowed to advertise on the shirts of sports teams or any other visible part of their kit. It is worth noting that Italy has already passed strict legislation in this area and Spain is set…

Global IP & Technology Law Blog

Blog Authors

CMA Moves to Investigate ‘Green’ Claims

Ferrari Loses Race for 250 GTO Trademark: Risks Arising From Non-Use of Registered Trademarks

VAT on Compensation Payments in Intellectual Property Settlements

Brexit Impacts on Trade: Relief for Pharmaceuticals and Advice for Contracting

Is a Tattoo Protected by Copyright? Is it Infringed if it Appears in a Computer Game?

Messi Scores Goal in Trade Mark Dispute: Registering Celebrity Names as Trade Marks

Platform to Business Regulation – Now in Force

Ongoing Challenges for Fashion Brands in Germany – Legal Issues with Style Names Revisited

Are APJs Constitutional? The Supreme Court Will Review Arthrex

UK Begins Review of National Gambling Legislation

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