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Intellectual property

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A Court of Appeal judge has lamented the ‘very concerning’ state of the law on employee inventor compensation after a chemist’s case took five-and-a-half years to reach court, eventually being listed for a 37-day trial next year
Lara Elder explores a modern-day conundrum facing the authorial estates of the classics
Consumers were confused by the branding similarities between two florists, the Intellectual Property Enterprise Court has held
Blur drummer turned solicitor David Rowntree has lost his claim on behalf of 160,000 musicians regarding the distribution of £200m ‘black box’ or unidentified royalties to producers but not songwriters
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law

A recent decision has demonstrated, all in one go, UK trade mark principles in action: Maria-Christina Peyman sets out the key takeaways for practitioners

Roger Lush & Lara Elder examine the state of UK and EU trade mark law, ten years post-Brexit

Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
Teenage darts star Luke (The Nuke) Littler has applied to trademark his face in an attempt to thwart deepfake exploitation
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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