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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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