Intellectual property

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Like the elephant in the famous parable, trade mark dilution isn’t easily determined, writes Mark Engelman

How close is too close? Intellectual property barrister Professor Mark Engelman, 4-5 Gray’s Inn, considers the concept of trade mark dilution, in this week’s NLJ.

No hiding for claimants; leasehold qualifier gone; Ogden Obliges; the world of ETs; cloudy lemon cider.

There is an urgent need for clarity regarding the UK’s laws on the use of copyrighted material protection by artificial intelligence (AI) technology, writes Emma Kennaugh-Gallacher, senior professional support lawyer at Mewburn Ellis, in this week’s NLJ.

How should copyright laws function in the context of artificial intelligence? Emma Kennaugh-Gallacher highlights the urgent need for clarity in the UK’s approach

Thatchers Cider has won its trademark infringement appeal against supermarket Aldi after the supermarket introduced a cheaper version of the popular drink

The Supreme Court has clarified the role of ‘bad faith’ in invalidating trademarks, in a dispute between a broadcaster and IT company over the word ‘Sky’.

Colin Hulme, Head of IP at Burness Paull, considers the impact of ESG programmes on the observance of copyright by corporates

‘Every time I see this focus on sustainability regulations, I want to scream,’ General Counsel Andrew Magowan, from law firm The Legal Director, writes in this week’s NLJ. ‘At best, it’s a wasted opportunity. But at worst, it’s a dereliction of our duties as lawyers’

COVID laid the groundwork for mandatory arbitration for commercial leases: could it now be on the way for landlord & tenant disputes more broadly? Edward Peters KC & Kavish Shah set out the advantages

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MOVERS & SHAKERS

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Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS

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NLJ this week: Big tech for small firms

Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs

NLJ this week: Presumption of capacity reaffirmed

The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination

NLJ this week: Justice delayed, justice denied

Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly

NLJ this week: The road ahead for employment rights

Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ

NLJ this week: SLAPPed shut?

From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics

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Intellectual property

MOVERS & SHAKERS

Birketts—trainee cohort

Keoghs—four appointments

Brabners—Ben Lamb