Portrait photographs and copyright *

European Union - December 15 2011
The Court of Justice of the European Union (CJEU) has considered the breadth of copyright protection for portrait photographs including an assessment of the limitations to be applied in relation to criticism and review and public security.

Fishy trade mark gets off the hook *

United Kingdom - November 9 2011
In a judgment from HHJ Colin Birss QC, the High Court has considered the issue of passing off and specifically whether, in order to demonstrate goodwill in the UK, it is necessary to prove the existence of actual customers in the UK.

Co-authors: Gordon Harris, Nick Cunningham.

Kingspan v Rockwool: comparative advertising in the spotlight *

United Kingdom - February 21 2011
In the wake of L'Oreal v Bellure, the subject of comparative advertising is again in the spotlight.

Co-authors: Cerryg Jones.

Another win for perfume brands before the CJEU *

European Union, Germany - July 23 2010
The Court of Justice of the European Union (CJEU) has confirmed that perfume testers that were marked "Not for Sale" were not put on the market in the European Economic Area (EEA) by the marks' proprietors or with its consent in accordance with Article 13(1) of the Community Trade Mark Regulation (EC) No 40/94 (the Regulation)and Article 7(1) of the Trade Marks Directive (the Directive).

Co-authors: Gordon Harris.