Intellectual property

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Like the elephant in the famous parable, trade mark dilution isn’t easily determined, writes Mark Engelman

How close is too close? Intellectual property barrister Professor Mark Engelman, 4-5 Gray’s Inn, considers the concept of trade mark dilution, in this week’s NLJ.

No hiding for claimants; leasehold qualifier gone; Ogden Obliges; the world of ETs; cloudy lemon cider.

There is an urgent need for clarity regarding the UK’s laws on the use of copyrighted material protection by artificial intelligence (AI) technology, writes Emma Kennaugh-Gallacher, senior professional support lawyer at Mewburn Ellis, in this week’s NLJ.

How should copyright laws function in the context of artificial intelligence? Emma Kennaugh-Gallacher highlights the urgent need for clarity in the UK’s approach

Thatchers Cider has won its trademark infringement appeal against supermarket Aldi after the supermarket introduced a cheaper version of the popular drink

The Supreme Court has clarified the role of ‘bad faith’ in invalidating trademarks, in a dispute between a broadcaster and IT company over the word ‘Sky’.

Colin Hulme, Head of IP at Burness Paull, considers the impact of ESG programmes on the observance of copyright by corporates

‘Every time I see this focus on sustainability regulations, I want to scream,’ General Counsel Andrew Magowan, from law firm The Legal Director, writes in this week’s NLJ. ‘At best, it’s a wasted opportunity. But at worst, it’s a dereliction of our duties as lawyers’

COVID laid the groundwork for mandatory arbitration for commercial leases: could it now be on the way for landlord & tenant disputes more broadly? Edward Peters KC & Kavish Shah set out the advantages

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MOVERS & SHAKERS

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Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS

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Law reform ahead

Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission

Online safety against serious harm

Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn

Bullying & harassment at the Bar

The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found

The Sentencing Bill: Crime & punishment revisited

Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release

Changing faces

David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle

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Intellectual property

MOVERS & SHAKERS

Hugh James—Phil Edwards

Freeths—Melanie Stancliffe

DAC Beachcroft—Tim Barr