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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Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS

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NLJ this week: Property cases reshape established principles-T1

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land

NLJ this week: Property cases reshape established principles

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land

NLJ this week: Stress ruling raises the bar for employers

Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee

NLJ this week: Can Manchesterism revive access to justice?

Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE

NLJ this week: Constitutional conventions tested as power changes hands

The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition

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Intellectual property

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gibson Dunn—Richard Surtees

Laytons ETL—Alec Cameron