Please sign in with your existing account details.
Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.
Privacy statement - Terms and conditions
Forgotten your password?
You have exceeded the maximum number of login attempts for this email address and your account has been locked. An email has been sent to member of Browne Jacobson's web team and some one will be contacting you over the next two working days with details of how to change your password.
Are you sure you want to remove this item from you pinned content?
The community trade mark (CTM) for the shape of the famous Rubik’s cube puzzle has been found valid this week by the General Court. Simba Toys sought cancellation of Seven Town’s CTM on various grounds including that the mark consisted exclusively of the shape of goods “which is necessary to obtain a technical result” and that “it was devoid of distinctive character”. The court disagreed.
It found the representation of the mark only shows a cube, the surfaces of which bear a grid structure. A cube made up of elements with a rotatable function couldn’t be inferred from that. Furthermore a cube bearing a grid structure was not, at the application date, commonplace for three-dimensional puzzles (which exist in a multitude of shapes) and was inherently distinctive.
The narrow interpretation of the technical function grounds for invalidity applied in this decision is open to challenge. It will therefore be interesting to see if this decision is appealed to the CJEU.
The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?
View blog
Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.
One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.
Consultant
Select which mailings you would like to receive from us.
Sign up