Court: Court of Appeal of England & Wales

Virgin Aviation v Alaska Airlines: branding dispute takes flight

The Court of Appeal has confirmed that Alaska Airlines must pay Virgin at least a ‘minimum royalty’ under a trademark licence, regardless of whether Alaska Airlines makes use of Virgin’s marks.

02 July 2024

Supreme Court clarifies ‘knowledge’ requisite to establish accessory liability

The decision makes it easier for directors to escape personal liability from trademark infringement committed through companies by arguing a lack of knowledge.

31 May 2024

Legal Updates you may have missed: fashion and luxury successes

We continue our series highlighting recent Legal Updates you may have missed by looking at success stories in the fashion and luxury industry – providing insights into parody products and the fight against the sale of counterfeit goods on e-commerce platforms, among other things.

16 April 2024

Court of Appeal grudgingly upholds trial decision in Lidl v Tesco

In this long-running dispute between supermarket competitors, the Court of Appeal upheld the trial judge on almost all points, but expressed significant disquiet about the overall outcome.

05 April 2024

Aldi’s infringement of M&S’ registered design for gin bottles upheld by Court of Appeal

The decision demonstrates the key role that registered designs can play in taking enforcement action against lookalike products.

12 March 2024

Court of Appeal rules that easyGroup suffered damage in Easy Live Auction dispute

The decision shows that the ‘damage’ element of the passing-off test can be satisfied where the claimant has an existing or prospective licensing business.

13 February 2024

Dream is over after Court of Appeal finds infringement of Umbro’s ‘double diamond’ logo

The decision highlights that the way in which marks are viewed by consumers in the post-sale context can be determinative of infringement.

12 February 2024

Court of Appeal upholds IPEC decision in anti-ageing serum dispute

The decision broadens the scope of passing-off claims, demonstrating that misrepresentation can lead to damage beyond specific marks or get-ups.

07 February 2024

Court of Appeal clarifies when acquiescence clock starts ticking

This is the first time that the Court of Appeal has departed from EU law.

19 January 2024

easyGroup unsuccessful in EASYOFFICE appeal

The decision highlights that, while evidence of actual confusion is not a requirement, it can be a persuasive factor when it comes to longstanding co-existence.

29 November 2023