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Are clothing designs too lacking in RAW originality and creativity to be afforded copyright protection?

March 31, 2020 //  by BTO Becreative Team

Cofemel – Sociedade de Vestuário SA v G-Star Raw. Background Since the 1990’s G-Star has been the proprietor or exclusive licence holder of trade marks including G-STAR, G-STAR RAW, G-STAR DENIM RAW, GS-RAW and RAW with jeans, tops and other clothing known under the design name ARC and ROWDY. Cofemel similarly makes clothing and produces …

Are clothing designs too lacking in RAW originality and creativity to be afforded copyright protection?Read More

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“The Show Must Go On”

March 24, 2020 //  by BTO Becreative Team

Ensuring business continuity in these turbulent times is challenging to say the least. The difficulties posed by coronavirus are hitting the economy hard and will continue to do so for some time. One of the worst affected areas is hospitality and entertainment which has seen an immediate and fundamental impact on events and bookings. Over …

“The Show Must Go On”Read More

Sampling in the music industry – a hard Kraft to master

August 8, 2019 //  by BTO Becreative Team

On 29th July 2019, the Court of Justice of the European Union issued a judgment (click here for full judgement) in response to a referral from the German national courts on the sampling of part of a 1977 Kraftwerk song, “Metall auf Metall”. In a long running claim by two members of Kraftwerk against German …

Sampling in the music industry – a hard Kraft to masterRead More

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EU Copyright Directive – Is this the answer or will it leave creatives worse off?

February 11, 2019 //  by BTO Becreative Team

Our interaction with the internet is an all-time high and as consumers reliance on it for delivery of services and products and for income generation continues to increase. The monetisation of IP throughout internet usage has increased exponentially in recent times and so the protection required for consumers and creatives has undergone a much needed …

EU Copyright Directive – Is this the answer or will it leave creatives worse off?Read More

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Reputation protection and social media/fake news

December 28, 2018 //  by BTO Becreative Team

The American business magnate and philanthropist Warren Buffet once said, “It takes 20 years to build a reputation and 5 minutes to ruin it.” Organisations invest significant resources into building up their reputations with clients, their business peers and with the business community as a whole. However, they can destroy it all with a misguided …

Reputation protection and social media/fake newsRead More

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Fair Notice, Commercial Actions and not taking IP for granted

October 23, 2018 //  by BTO Becreative Team

A recent Court of Session case about intellectual property highlights that even Pre-action Protocol correspondence cannot cure a failure to plead fair notice or a legally relevant case. BTO Associate Lynn Richmond discusses. The recent Court of Session decision in Westerton (UK) Limited v Edge Energy Limited has served as a reminder to practitioners of …

Fair Notice, Commercial Actions and not taking IP for grantedRead More

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Counterfeit Goods and Online Sales

September 14, 2018 //  by BTO Becreative Team

In 2014 the technology law landscape changed significantly when the High Court in England ordered some of Britain’s largest internet service providers (ISPs) to block access to websites purportedly selling counterfeit goods. The case was brought by the Richemont Group (owners of the Cartier and Mont Blanc brands), who were successful in obtaining orders to …

Counterfeit Goods and Online SalesRead More

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EU Trade Marks and Brexit

March 22, 2018 //  by BTO Becreative Team

Like many aspects of Brexit, the future remains uncertain. Commercial common sense dictates that in the world of intellectual property, like many other areas, agreement will need to be reached between the UK and EU which preserves the ability to trade and conduct commercial relations on a continuing basis. However, in the absence of agreement …

EU Trade Marks and BrexitRead More

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