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Intellectual property

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Retailer John Lewis has successfully battled a claim that the star of its 2019 Christmas advert, an excitable dragon, copied elements of a children’s book.
The High Court has rejected a bid to strike out a claim brought on an opt-out basis by a representative against a firm of intellectual property lawyers.
The film The Life Story of Charles Chaplin was poorly received by one man in particular, as David Hewitt explains
What are the elements of a three-dimensional trade mark? Writing with reference to recent case law, Laura Trapnell, partner & head of IP, Paris Smith Solicitors, sets out the key points in a useful article in this week’s NLJ.
Laura Trapnell weighs up the elements contributing to the distinctive character of a three-dimensional trade mark
Paying homage or a licence to steal? David Langwallner delves into the tricky topic of musical sampling in copyright law
What exactly is ‘music’ for copyright purposes? David Langwallner looks beyond the lyrics & settles the score
Trade mark owners who are not using their mark may need to do more than simply filing and refiling in order to hang onto their rights, following Lidl Great Britain Ltd v Tesco Stores Ltd [2022] EWCA Civ 1433.
The taste of success: Louis Iveson & Laura Trapnell examine Lindt’s victory in claiming the iconic chocolate rabbit as their own, & discuss what the UK courts would make of their evidence
In UK law, artistic parodies remain in a grey area between freedom of expression & protecting commercial reputations, as David Langwallner explains
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MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
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