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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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