Browne Jacobson IP team ranked among the world’s leading trademark advisers

Press Release

Court of Appeal makes plea for legally enforceable arbitration for FRAND disputes

In the ongoing complex litigation between Optis Cellular Technology LLC and Apple Inc., the Court of Appeal ([2022] EWCA Civ 1411) has upheld the High Court’s findings that implementers of standard-essential patents (SEPs) cannot refuse to accept a FRAND license and continue activities in the meantime which constitute infringement: that party must commit to accept a court-determined license if it wishes to avoid an injunction.

Published Article

AI generated designs on retail products

Every AI will have its own terms of use. DALL·E 2’s Terms of Use dated 3 November 2022 specify that as between a user and Open AI, a user owns their prompts and uploads. Open AI also assigns to the user all rights in any images generated by DALL·E 2 for that user (subject to the user complying with those Terms of Use, and to a licence to use inputs and output to develop and improve the services).

Press Release

Browne Jacobson’s IP experts shine silver in world’s leading trade mark lawyer rankings

Opinion

Sky’s overly broad trade marks narrowed as found partially invalid for bad faith

Lord Justice Arnold has applied the guidance of the Court of Justice of the European Union (CJEU) to the evidence before him, in the long standing trade mark dispute between Sky and Skykick.

Legal Update

Amazon not liable for merely storing third party’s infringing goods

At a time when Amazon is fielding large spikes in demand amidst the coronavirus pandemic, the online retail platform will welcome the ruling of the Court of Justice of the European Union (CJEU) received on 2 April 2020.

On-Demand

How to commercialise your IP: licensing, spin outs and JVs

Our expert panel, comprised of IP and corporate law specialists, will be discussing IP commercialisation strategies, their benefits and pitfalls, drawing on experience across the private, public and higher education sectors.

Published Article

O/281/19 Revocation (Device Marks) – 23 May 2019

This decision is a good example of how the IPO approaches non-use challenges, and an insight into the economics of gift shops at public parks.

On-Demand

Parallel Imports - what brand and IP owners need to know

Parallel importers seek to exploit price differentials for goods sold in different countries. The EU principle of exhaustion of rights prevents businesses from enforcing their IP rights to restrict this secondary trade within the EU if the goods were first marketed in the EU with their consent, other than in limited circumstances.

Legal Update

“Utterly horrified” masters and “blatantly inadmissible” evidence

The sole result for a search on Westlaw for the phrase “utterly horrified” is an interesting decision from Mr Justice Arnold on June 12 2019 about evidence in passing off proceedings.

Press Release

Browne Jacobson scores victory for Wolverhampton Wanderers over badge copyright claim

Browne Jacobson is delighted to have assisted Wolverhampton Wanders Football Club to successfully defend a copyright infringement claim made against it which relates to the club’s iconic wolf head design. The club has used this design as an element of its badge since 1979.