IP Cases & Articles
Beyond the magic potion: protecting fictional characters in IP law
The General Court’s recent OBELIX decision is not a simple dispute over a trade mark for military goods. It serves as a timely reminder that successful fictional characters can enjoy protection through multiple layers of intellectual property law, extending well…
AI output and copyright infringement: protection regarding an AI-generated image of real photograph (Underwater Dog)
An AI-generated image based on a real photograph as a model does not automatically constitute copyright infringement (decision of 02 April 2026, I-20 W2/26, OLG Düsseldorf). The court also clarified the requirements an AI-generated image must meet to enjoy copyright…
Developments in AI licensing: what the Disney-OpenAI deal would have meant
As tensions between artificial intelligence (AI) developers and IP rights holders start to shape the future of creative industries, high-profile partnerships have begun to signal how such competing interests may be reconciled. The recently-scrapped deal between Disney and OpenAI attracted…
Design meets copyright: Mio & Konektra reshapes EU protection for works of applied art
On 04 December 2025, the Court of Justice of the European Union (CJEU) in the joined cases of Mio and Konektra revisited the core principles of EU copyright law in the context of furniture design. Addressing subsistence and infringement, the…
When being the perfect secretary is not enough: no title protection for Miss Moneypenny
In a dispute over whether “Miss Moneypenny” or simply “Moneypenny” can be protected as a work title, the Bundesgerichtshof (German Federal Court of Justice, BGH) has clarified the requirements for protecting fictional characters as such.
Honey, I modified the cooker! Court of Appeal explores trade mark exhaustion and copyright in design drawings
UK Innovations Group (UKIG) sold refurbished and electrified second-hand AGA cookers that had been converted using their “eControl” technology. At first instance in the Intellectual Property Enterprise Court (IPEC), AGA Rangemaster Group (AGA) alleged trade mark and copyright infringement.
IPEC insights: Luxe World v Touch of Vogue - account of profits not available in threats action
The Intellectual Property Enterprise Court (IPEC) has issued a helpful decision in an interim strikeout application confirming that an account of profits is not available as a remedy in an unjustified threats action. Whilst this decision specifically concerns registered designs,…
IPEC insights: Edozo v Valos - no copyright protection in functionality (the limits of software copyright)
This recent Intellectual Property Enterprise Court (IPEC) decision concerned an application by Edozo Limited (the claimant) against Valos (UK) Limited (the defendant) to strike out parts of Valos’s defence and counterclaim.
The future of AI and copyright law: GEMA v OpenAI and Getty Images v Stability AI
Can a machine “learn” a copyrighted work in the legal sense, and if so, who owns the results of that learning? In the age of AI, copyright law faces new challenges more fundamental than preventing copying: It must define what…
Bottle labels: copyright infringement and passing off
Protection is available to artists, where the copying is substantial, and where they have generated goodwill in relation to their art. A recent decision considers some interesting points including whether artists can generate goodwill in relation to works of art,…
Exhaustion of IP after Brexit: clarity from UK Government in response to consultation
Following the UK’s departure from the EU, the UK ceased to be bound by the EU’s rules on intellectual property exhaustion. Instead, the UK has adopted the UK+ scheme, as follows:
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