Mr Ben Mark

Ben Mark

Updates

Intellectual Property

IP Crime Report reveals scale of infringements
United Kingdom | 26 October 2015

According to the IP Crime Report 2014/2015, published by the national IP Crime Group, the Border Force detained more than 1.6 million infringing items over the reporting year, with an 'if genuine' retail value in excess of £56 million. The report also notes that a key emerging trend is the threat from social media. The Anti-counterfeiting Group and its partners are responding to this threat with several significant initiatives.

UK goodwill reigns supreme
United Kingdom | 06 July 2015

The key question faced by the Supreme Court in a recent case was whether a claimant in a passing-off action must have actual customers in the United Kingdom or whether it is sufficient to demonstrate that it has a reputation in the United Kingdom and internationally. The case centred on a dispute over Sky's use of the name 'NOW TV' for its internet television service.

Court of Appeal confirms Rihanna's image protected under 'umbrella' of passing off
United Kingdom | 09 February 2015

The Court of Appeal has dismissed fashion retailer Topshop's appeal in Fenty v Arcadia Group, confirming that its unauthorised use of an image of pop star Rihanna amounted to passing off. While the decision reaffirms that there are no image rights per se under English law, it appears that protection under the law of passing off will most likely be afforded to individuals who already have their own merchandising lines.

A 'lush' result for cosmetic warriors – but another 'bomb' for Amazon
United Kingdom | 09 June 2014

Following a recent defeat in the High Court relating to a finding of infringement in respect of Cosmetic Warrior Limited's LUSH Community trademark for cosmetics and toiletries, Amazon.co.uk Limited and Amazon EU Sarl have suffered a further blow in their attempt to limit the scope of the court's order.

Mattel left scrambled without friends in court
United Kingdom | 16 December 2013

Following a recent court defeat in relation to the validity of its three-dimensional tile mark, Mattel has suffered yet another blow as its claims for trademark infringement and passing off against Zynga have been rejected by the High Court and its SCRAMBLE mark has been invalidated.

High Court reaffirms no copyright protection for computer program functionality
United Kingdom | 04 March 2013

In what should be the final instalment in a long-running case, a decision was recently issued in SAS Institute Inc v World Programming Ltd following the referral back to the High Court from the European Court of Justice. For the software industry as a whole, this final judgment is likely to be welcomed as bringing certainty to the area of protecting computer programs with copyright.

Take notice: court orders parallel importer to account for half of its profits
United Kingdom | 13 February 2012

It is rare for an English court to be asked to determine an account of profits in an IP infringement action. A recent case provides a useful reminder of the benefits of an account of profits over a claim for damages in cases where there has been a technical infringement, but it is difficult for the rights holder to prove losses.

Tech, Data, Telecoms & Media

High Court reaffirms no copyright protection for computer program functionality
United Kingdom | 05 March 2013

In what should be the final instalment in a long-running case, a decision was recently issued in SAS Institute Inc v World Programming Ltd following the referral back to the High Court from the European Court of Justice. For the software industry as a whole, this final judgment is likely to be welcomed as bringing certainty to the area of protecting computer programs with copyright.