Articles by ‘Stephen Welfare’

The jewellery industry, perhaps as much if not more than most, has discerning customers who expect the highest quality products to go hand in hand with customer service and experience.

The UK is definitely leaving the EU on 31 October. “No ifs, no buts” – so says our new prime minister, Boris Johnson. If so, what impact will that have on intellectual property (IP) law in the UK, and where does it leave UK-based EU rights holders?

When you think of adidas, what image pops into your head? If it is the synonymous three stripes than you may be surprised to learn that the European General Court has declared the adidas community trademark invalid. So why was adidas unsuccessful, and what should a brand do if they find themselves in this situation?

Earlier this year the children’s building toy company successfully  applied for the registration of the mark LEPIN by a Chinese toy manufacturer to be invalidated (UKIPO decision 0/142/19). LEGO proved to the satisfaction of the UKIPO that there existed a likelihood of confusion with the LEGO mark (section 5 (2)(b) Trade Marks Act 1994).

Yesterday, Tuesday 26 March, the EU Parliament voted to adopt the new copyright directive.

In an intellectual property dispute, size doesn’t always matter. McDonald’s made the news in January when the fast food giant lost its trademark in the EU; but it is not the only case when David has taken on Goliath in court – and won. So what can we learn from these stories?

Law firm RWK Goodman has won an unusual court case in favour of international freight and passenger ferry operator DFDS. RWK Goodman represented the Danish company at the magistrates’ court hearing earlier this month…

Long-time legal advisers to the National Association of Jewellers (NAJ), RWK Goodman, have been instructed to draft the contractual documentation which will enable jewellers to badge their creations with a distinctive new Made in Britain trade mark when hallmarking their jewellery.

Basically a clause included in a sale of goods contract that where particular goods are sold on an order-by-order basis (i.e. on credit) legal title does not pass to the buyer until the goods have been paid for. The ordinary rule is otherwise that ownership transfers to the buyer upon delivery of the goods. A prudent seller will have retention of title clauses included in its terms and conditions.

Cosmetics retailer Lush has launched a bizarre marketing campaign that amongst other accuses the police of ‘spying’ and being ‘paid to lie’. The campaign has left shoppers bemused and could have uncomfortable consequences for the popular retailer.

Land and buildings, whether domestic or commercial, continue to increase in value as demand outstrips supply. Sellers will naturally look to save money wherever they can and avoiding an agent’s fee is occasionally seen as one possibility. With the increase in the use of online marketing methods and low cost commissions and self-help, the hard working estate agent has never before been so under threat by competition and financial/economic pressures. Being able to recover his contractual fee in law and in practice must be of paramount importance.