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IP & IT Law

Ed Sheeran's IP dispute settles

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Last September a work experience student at Birkett Long, Katrina Russell, wrote a blog on Ed Sheeran’s defence of a $20 million lawsuit in the United States. You can read the article, posted by Liz O'Mahony  here . The lawsuit was...

Kylie who?

Thomas Emmett
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I can only imagine what it would be like to be so famous, that I could file a credible opposition to an application to trademark my first name. I should be so lucky… However, that is exactly what Kylie Minogue’s legal team did in opposition to...

To bid or not to bid?

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The recent High Court decision in Victorian Plum Ltd (t/a Victoria Plumb) v Victorian Plumbing Ltd & Ors [2016] EWHC 2911 (Ch) (18 November 2016) is another reminder to businesses that engage in online retailing (or e-tailing) to be careful what they bid...

Busting business trip boredom

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We’ve all been there. You’re on holiday or on a business trip in an EU country and you’ve got some time to kill, so you reach for your tablet to keep up with your favourite show and… “Sorry, this service is not available to you...

Iceland v Iceland trademark name dispute

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The Icelandic government has launched a legal challenge to Iceland Foods’ exclusive ownership of the European-wide trademark registration for the word Iceland.  The application for registration of the trademark Iceland was made by the supermarket...

Legality of linking to contents

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Europe’s highest court (“CJEU”) has recently ruled on a key case that is relevant to all businesses that publish content online. In the case of GS Media v Sanoma, the claimant had brought a claim for copyright infringement as a result...

Jay Z succeeds in defending Copyright claim over Roc-A-Fella logo

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This week Jay Z successfully defended a claim by Dwayne Walker, a New York based designer, who claimed that he had created the Roc-A-Fella logo for Jay Z’s record label in 1995. Mr Walker alleged that there was a contract between him and Damon...

2016 Legal 500 results are out!

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"A standout name in Essex" quoted by Legal 500 2016 for Birkett Long! This year has been a great success for Birkett Long, 3 of our partners have again been ranked as "Leading Individuals". These are Claire Read, Head of Wills, Trusts...

Specsavers causing a spectacle

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The use by Specsavers of the phrase “should’ve gone to Specsavers” in its advertising is well known to the public. Understandably, the optician registered a trademark for use of this phrase, with use with certain classes or categories of...

Lady Gaga wins court case accusing her of stealing images

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Lady Gaga has successfully defeated a claim against her by a French artist known as Orlan for plagiarism and infringement of image rights. Orlan accused Lady Gaga of stealing images for use on her 2011 album Born This Way. The French artist was seeking...

Jose Mourinho - The Special One!

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Negotiations are continuing between Chelsea and Manchester United to appoint Jose Mourinho as their manager, which include a dispute over the trademark in his name.   In 2005 Chelsea registered both the name ‘Jose Mourinho’ and his...

Did you know you could cancel it?

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As a busy working mum, I do most of my shopping online. As a solicitor specialising in e-commerce I am aware of my rights as a consumer when making purchases via the internet. The right of cancellation is particularly useful when something arrives that...

Nothing changes

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Some of you may have noticed that I haven’t blogged for some time. This is because I have been on maternity leave for the past 12 months. The office has changed during my absence, some people have left but lots have joined us and it is great to see so...

Chelmsford's innovative history

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After recently moving to Chelmsford, I’ve enjoyed acclimatising to living in one of Britain’s newest cities. However it is still the statement that greeted my arrival, “Welcome to Chelmsford – the birthplace of radio”, which...

Be careful of what you post online!

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It’s easy to post a picture or comment on social networking sites such as Facebook, Twitter, Myspace and Bebo without contemplating the consequences of your actions. Two individuals have recently found themselves in hot water after they posted...

"Free" apps - the OFT investigates at last!

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As a parent of a young child who is already an expert at using an iPad, I am pleased to hear that the Office of Fair Trading (OFT) has launched an investigation into online games which encourage children to make “in-app” purchases. An...

What happens to your Gmail when you die?

Claire Read
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Google is leading the way in planning for your digital assets on your death. They have launched a new feature that makes it easy to tell Google what you want done with your Gmail messages and data from several other Google services when you die or can no...

If you've not paid for it, don't use it!

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A recent case involving DKNY, the US fashion label, has reminded me of a common mistake I often see clients making; reproducing a photograph or other image without permission. Photographs and other artistic works are protected by copyright for 70 years after...

Sharing is caring...for Google, but not for Europe

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It was reported recently that Twitter was selling-off tweets to marketing companies, and that as of 1 March 2012 Google changed its privacy policy for all of its services (including YouTube, Gmail and Blogger). In neither case was the user informed of this...

The Colour Purple

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A ruling in the High Court means that Cadbury owns the exclusive rights to use its famous purple shaded packaging for milk chocolate bars and drinking chocolate. Nestle had opposed Cadbury’s trade mark application for that particular shade of purple,...

Do you have your head in the clouds?

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The recent iCloud failure which caused an outage for many has highlighted the rise of ‘cloud’ providers such as Google and iCloud and calls into question how robust and secure this new method of storage is. ‘Cloud computing’ was...

I bought it so I own it!

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Well, if the thing you bought is a music download you probably don’t. Instead, you will have purchased a license to play the track or album and that license will have come with an extremely limited set of rights. In particular, that license is likely...

A TOWIE Tweet Too Far!

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Tweets made by Gemma Collins of The Only Way Is Essex fame have landed a hair salon in hot water. The reality TV star posted two messages on Twitter earlier this year after visiting Toni & Guy’s salon at Lakeside shopping centre. A complaint was...

.yournamehere - Top Level Domains are changing but what does it mean?

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A Top Level Domain (TLD) is the first part after the dot, such as .com, .gov, .edu. Earlier this year, the Internet Corporation for Assigning Names and Numbers (ICANN), the non-profit company responsible for what becomes a TLD, introduced a program to allow...

Trolling victim wins case against Facebook

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The word “troll” has been adopted to identify individuals who post inflammatory comments on online discussion forums, chat rooms or blogs with the primary aim of provoking an emotional response from readers. Most of us are now familiar with this...

Cookies - have you got consent?

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No I am not referring to the edible variety! I am talking about small pieces of information that most websites store on the browser or the hard drive of your computer. This may be done for a variety of reasons, such as making the website easier to use (e.g....