Brand Matters

Website blocking injunctions extended to counterfeit and unlicensed prescription-only medicines

The High Court has granted a website blocking injunction requiring major UK ISPs to block websites selling counterfeit and unlicensed versions of Novo Nordisk's semaglutide and other prescription-only medicines. This is the first website blocking application concerned with the supply of counterfeit and unlicensed prescription-only medicinal products.

Deckers v Up & Running: Court of Appeal clarifies the test for 'by object' restrictions in selective distribution under UK competition law

The Court of Appeal has unanimously overturned a ruling that HOKA manufacturer, Deckers, infringed competition law when it refused to allow one of its retailers, Up & Running, to sell its shoes on a discount website. This judgment will be good news for businesses operating selective distribution systems.

The pastiche exception in copyright law: what recent cases mean for creators and for AI

The European Court of Justice has delivered its long-awaited ruling in Pelham II, providing the first authoritative EU definition of "pastiche" in copyright law. The decision has implications for rights holders and other creators, particularly in the context of AI.

Can you register a book title as a trade mark? Lessons from Animal Farm and 1984

The Grand Board of Appeal at the EU Intellectual Property Office has refused trade mark protection for the signs ANIMAL FARM and 1984 in respect of content-related goods and services. The decision follows its rejection of the sign GEORGE ORWELL for similar goods and services in late 2025.

Copyright and AI: The UK Government's report

The UK Government has published its report on GenAI and copyright. The report confirms there will be no immediate reform to UK copyright law, with the previously proposed text and data mining exception with rights holder opt-out no longer the Government's preferred option. A consultation on deepfakes will be published this Summer and protection for computer-generated works is likely to be removed.

Thinking of affixing your logo to an AI system developed by someone else? Read this first.

The EU AI Act imposes obligations on providers and deployers of AI systems in the EU, with the requirements differing depending on the role of the relevant business, and the type of AI system involved. Businesses applying their trade mark to someone else's AI system may find that, by doing so, they become a provider, as opposed to deployer, thereby making them responsible for more onerous compliance and regulatory obligations.

Beyond brand names and logos – an update on non-traditional trade marks

Non-traditional trade marks – such as colours, scents, sounds, tastes, shapes and moving images – are increasingly recognised as a valuable tool for businesses to differentiate themselves in a crowded market. Whilst these marks are often challenging to register successfully, they can give a clear competitive advantage – stronger brand association, exclusive rights, and creative freedom.

CJEU confirms that an earlier trade mark in opposition proceedings must continue to exist at the date of final decision

The European Court of Justice has confirmed that earlier rights relied upon in trade mark opposition proceedings, and by analogy invalidity proceedings, before the EUIPO must continue to be in existence at the date of the EUIPO's final decision. Whilst the decision is through the prism of Brexit, it has more general application.