Intellectual property

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Lidl has seized the upper hand over Tesco in a High Court trade mark battle that raises several unusual points for intellectual property lawyers

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

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MOVERS & SHAKERS

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Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS

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NLJ this week: Raising the age bar

Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending

NLJ this week: Beyond AI hallucinations

The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk

NLJ this week: AML supervision shake-up

Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned

NLJ this week: Options for global evidence gathering

Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request

NLJ this week: Indefinite or forever?

A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting

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Intellectual property

MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

mfg Solicitors—five promotions

Brabners—six promotions