Brett Wilson LLP lawyers recommended in Chambers and Partners 2018 directory

Brett Wilson LLP lawyers have been ranked in the latest edition of the prestigious Chambers and Partners legal directory, which was published on 2 November 2017.

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Restraining publication of images taken at private zoo — Human Rights Act 1998 engaged

Brett Wilson LLP partner Iain Wilson is interviewed by Anne Bruce.  This article was first published on Lexis® PSL IP & IT analysis on 28 June 2016

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Zoo refused gagging injunction against animal cruelty charity

In Heythrop Zoological Gardens Ltd (T/A Amazing Animals) & Anor V Captive Animals Protection Society EWHC/IPEC (20 May 2016), a company that supplies animals to the TV and film industry was refused an interim injunction to prevent an animal protection charity publishing photographs and video clips taken on their premises.

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Free wi-fi providers unlikely to be liable for copyright infringement

Maciej Szpunar, an Advocate General of the Court of Justice of the European Union (CJEU), has recommended to the Court that providers of free wi-fi should not be held responsible for copyright infringement committed over their networks.

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ECJ rules that four fingered Kit Kats not distinct enough to be trademarked

The Court of Justice of the European Union (ECJ) has ruled that Nestlé cannot trademark its four fingered Kit Kat because the shape is not distinctive enough for consumers to associate it with the chocolate bar.  Nestlé had tried to trademark the four finger Kit Kat in 2010 but its rival Cadbury had registered an objection.  In 2013 the UK Trade Marks Registry refused to register the trademark and Nestlé appealed to the High Court.  Arnold J, sitting at the High Court, referred the following three questions to the ECJ:-

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Rihanna defeats appeal by Topshop in T-shirt ‘passing off’ claim

In Robyn Rihanna Fenty and others –v- Arcadia Group Brands Limited and another ([2015]  EWCA Civ 3), lawyers for Topshop sought unsuccessfully to set aside last year’s finding in the High Court that the clothing store was liable for ‘passing off’ under common law for the unauthorised use of the singer’s image on T-shirts.

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stay of confiscation must be exceptional

In Beazley and Beazley [2013] EWCA 567 the Court of Appeal heard an appeal by the prosecution against a terminating ruling of a Recorder to stay confiscation proceedings. The defendants had been convicted of offences contrary to section 92 Trade Marks Act 1994. such offences are in fact ‘criminal lifestyle’ offences by virtue of their inclusion in schedule 2 to the Proceeds of Crime Act 2002. In spite of some generous concessions by the prosecution, the result of the application of the relevant assumptions rather offended the Recorder’s sense of fair play and he called an end to it all by staying for abuse of process. The Court of Appeal, chaired by the Vice President were not impressed. Lord Justice Hughes said that a stay “cannot be invoked where the judge feels unhappy about the consequences of a statutory regime which has been put in place by Parliament”. To the contrary the Court found “nothing remotely disproportionate about removing from this unlawful business the proceeds which it has generated”.

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Private Prosecutions: Media Protection services Ltd v Crawford – a case analysis

The Divisional Court, in dismissing MPss appeal by way of case stated (Media Protection services Ltd v Crawford [2012] EWHC 2373(Admin)), decided MPs had acted unlawfully in bringing a private prosecution for reward against the Crawfords in respect of alleged infringement of copyright in a television broadcast of a football match and the district judge had been right to find the proceedings void.  Nick Brett considers the ramifications of the judgment.

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Ofcom publish second draft code on internet piracy

The communications regulator Ofcom has published a revised code on online copyright infringement. The draft code maintains the”three strike” policy set out in the earlier 2010 version.  “IsP”s (internet service providers such as BT, Talk Talk and Virgin media) will be required to send letters to customers notifying them where their account is the subject of a suspected copyright infringement.  If a customer receives three notifications within a 12-month period then copyright owners will be entitled to request anonymised information from the IsP relating to infringements.  It will then be open to the copyright owner to seek a court order requiring the IsP to disclose the name of the customer in question (so that they may take legal action against the customer).  Under the draft code, a customer who receives a notification letter may challenge it within 20 days via a panel.

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