Farah Mukaddam (UK)

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NFTs and Intellectual Property Rights

Any creative endeavour is in theory capable of being tokenised or “NFT’d”. Record prices are being reached for the sale of non-fungible tokens (NFTs). But what are NFTs? How are they created? Why are they so valuable? What does the buyer own? What rights do they confer? And why should IP lawyers care? Click here … Continue reading

It’s all kicking off: AG gives opinion in Sky v SkyKick CJEU reference

By Farah Mukaddam (UK) on November 28, 2019 Posted in Trademark

In one of the most – if not the most – hotly anticipated and significant trade mark cases of the year, the EU Advocate General, Evgeni Tanchev, on 16 October 2019, handed down his Opinion in the Sky v Skykick case, following a reference by the English High Court to the Court of Justice of the European Union (CJEU). … Continue reading

No deal better than a bad deal?

By Farah Mukaddam (UK) on October 18, 2018 Posted in General

Latest guidance from the UK Government on implications of ‘no-deal’ Brexit for IP rights holders On September 24, 2018, the UK’s Intellectual Property Office (IPO) published a further series of technical notices on how intellectual property (IP) rights holders might be affected if the United Kingdom (UK) leaves the European Union (EU) in March 2019 … Continue reading

In the UK, the first rule of the Olympics is: You don’t talk about the Olympics

By Farah Mukaddam (UK) on August 4, 2016 Posted in Advertising, Trademark

The Rio 2016 Olympics are upon us and will undoubtedly capture the attention, excitement and imagination of the public in the UK and globally. It is no surprise then that some businesses may seek to capitalise on the opportunity to promote their brands, products and services through advertising that references the Olympics, Team GB and … Continue reading

Threat to Groundless Threats: UK Government in favour of reform

By Farah Mukaddam (UK) and Ben Mellett (AE) on March 27, 2015 Posted in Trademark

On 26 February 2015, the UK Government published its response to the Law Commission’s proposed reforms to the groundless threats of intellectual property right infringement provisions by largely accepting the Law Commission’s proposed reforms, subject to certain qualifications. See UK Gov’t Response. Background The law of groundless threats is aimed at providing redress to recipients … Continue reading

There are no words … Specsavers v Asda: the final installment?

By Farah Mukaddam (UK) on November 14, 2014 Posted in Trademark

The English High Court has confirmed that use of a combination of words and a background logo can be sufficient to support use of the logo alone even where that logo is not particularly distinctive. Specsavers appealed against a High Court decision that Specsavers’ trade mark or ‘wordless mark’, be revoked for non-use. The appeal … Continue reading

The Apple of the CJEU’s eye: CJEU holds that retail store layouts are capable of trade mark registration

By Farah Mukaddam (UK) on September 9, 2014 Posted in Trademark

On July 10, 2014 the Court of Justice of the European Union (CJEU) handed down its judgment following a reference from the German Bundespatentgericht in the Apple Inc. v Deutsches Patent-und Markenamt registry proceedings. Decision In a landmark ruling, the CJEU held that a three-dimensional representation of the layout of a retail store by means … Continue reading

The End of Cadbury’s Purple Reign?

By Farah Mukaddam (UK) on October 23, 2013 Posted in Trademark

The English Court of Appeal has sided with Nestlé in the latest instalment of the on-going branding war between Cadbury and Nestlé over Cadbury’s attempts to register a shade of purple in relation to chocolate based products, on grounds of lack of “clarity, precision, self-containment, durability and objectivity” of the mark as applied for. The … Continue reading

Positive ruling from Europe’s highest Court for brand owners in Specsavers v Asda on use of trade mark combinations and colours

By Farah Mukaddam (UK) on July 31, 2013 Posted in Trademark

by Farah Mukaddam (United Kingdom) On 18 July 2013, the Court of Justice of the European Union (CJEU) gave a ruling on a reference in the case of Specsavers International Healthcare Ltd and others v Asda Stores Ltd from the Court of Appeal of England & Wales on use of trade mark combinations and colours. … Continue reading