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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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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