Jane Cornwell

I'm excited to share that I'm writing a book on design law...

"Reshaping the ‘informed user’ and ‘overall impression’ in design law: Between fiction and reality" - currently in progress and due to be delivered to Edward Elgar in 2027! 📖

Very much enjoyed the new bin lorry that visited my street this morning... I wonder what it reminded me of? 🤣 On doing a little bit of digging, it seems that there are some further, excellent trade mark-inspired versions of this lorry on the roads - see faun-zoeller.co.uk/products/rea...

Happy to share details of my latest publication in this month's issue of the EIPR!

- J Cornwell, 'Fifteen years from Bellure to SkyKick: the extended functions of a trade mark in EU and UK law', EIPR 2025, 47(8), 461-469

Thanks, Sarah! I have more thoughts on this decision, particularly on what it says in terms of questioning whether or not lack of clarity is a ground for invalidation in UK law, but I think developing those thoughts is a task for the summer writing period!

Congratulations to @smitakheria.bsky.social who has been elected as the Chair of the SLSA! (@slsauk.bsky.social)

Dr Kheria was elected during the SLSA’s annual conference and is the first woman of colour to hold the position since the association was established.

Read more: edin.ac/4iH7JhP

Join us on 6 May, 3.30 - 5pm, for "The Respective Roles of Public and Private Competition Law Enforcement to attain the Goals of Antitrust: Beyond Optimal Enforcement Theory?"

Speakers include Olivier Guersent, Director General, DG Competition and Professor Arianna Andreangeli.

edin.ac/4jTuIqL

👇Please share widely - a two-year Teaching and Research Fellow opportunity in the field of AI law and regulation. Details below!

👇 For UK design folks - a fascinating (and troubling) investigation into apparent misuse of the UK registered design system, looking firms that appear to be selling 'authorship' slots on UKRDs to overseas academics, to help those academics game their academic reputations (eg for promotion purposes).

Great to see this article has been published - I am going to share it around as many of my UK design law contacts as I can!

Great, I shall look out for it.

On 23/102024, the General Court of the EU, for the first time, found a registered EU design consisting of views that are not conclusive invalid. While the result is beyond doubt the standards suggested to be applied are less persuasive as shown in my paper (just accepted).

This looks very interesting, Henning, where is your paper going to be published?

On Friday evening, we were delighted to have a lecture from Prof Lisa Ramsey on #trademarks and free speech. All we have to do now is await her new book later this year! @lpramsey.bsky.social @uoelawschool.bsky.social

Retromark 2025: Event Report (Part 2 - an interview with you – the audience) The IPKat blog reports on copyright, patent, trade mark, info-tech and privacy/confidentiality issues from a mainly UK and European perspective.

👇Fascinating snapshot views on recent #TMs cases among the audience at IPKat's 'Retromark 2025' event. I'm not surprised by the huge (90%+) support for the EWCA's decision on 'unfair advantage' in Thatchers, but am more surprised by the support for Iconix....

ipkitten.blogspot.com/2025/04/retr...

Very much looking forward very much to this lecture on Friday! All welcome @uoelawschool.bsky.social @lpramsey.bsky.social

Design lawyers - the survey response deadline is today but this is no April fools day joke! The UKIPO designs consultation suggests major changes to the subject matter that might be protectable as a design. Make sure to respond if you can!

Would you confuse LINDOR with ALDI’s MOSER ROTH? Well, 25% of the Swiss public would associate one with the other according to a poll submitted by LINDT and endorsed by a 31-page verdict (Aargau Commercial Court, 14/12/2024; HSU.2024.50) including 60 footnotes!

decwork.ag.ch/api/main/v1/...

Survey on priorities to shape UK system for protecting designs

👇Design law folks - don't forget the current UKIPO design survey (deadline 1 April). It looks as if it is mostly about procedure/cost, but right at the end it pops in a *major* question about revising the definition of 'design' in very significant ways!
www.gov.uk/government/c...

🍗 EWCA disagrees that the average consumer of takeaway fried chicken includes a specific subset of 'tired, hungry and... intoxicated' late-night revellers, but rejects argument that the first instance reasoning on infringement was rationally insupportable:
www.bailii.org/ew/cases/EWC...

The CREATe Trade Mark Seminar Series: Spring 2025 – Talks by Dr Emma Perot on Empirical Methods and Dr Zvi Rosen on Trade Mark History – CREATe

The CREATe Trade Mark Seminar Series is back - and it's our 3rd birthday! 🎉So pleased to be celebrating that with online talks by two excellent speakers - Dr Emma Perot on empirical TM research and Dr Zvi Rosen on TM history. Full programme here: tinyurl.com/dd45c8nh

👇Fascinating test of AI tools answering questions on content from a specific patent law case book:

'We found that a substantial number of responses were unacceptable in the sense of being harmful for learning..., and many more responses failed to fully answer the question or had minor errors...'

Reverse passing off, but with some chance of actually going into reverse

I know it's not big news in the general scheme of things, but by way of some light relief - here ends one of the most ridiculed #TradeMark rebrands of recent years...

👇For any and all #TradeMark enthusiasts - we are delighted to be hosting @lpramsey.bsky.social at Edinburgh Law School on Friday 11 April 2025 for an in-person talk on trade marks and free speech rights. All welcome!
www.law.ed.ac.uk/news-events/...

For anyone needing a distraction today, handily the Court of Appeal has issued its decision in Thatchers v Aldi, allowing Thatchers' appeal on 'unfair advantage' and rejecting Aldi's attempt to get the EWCA to depart from L'Oreal v Bellure on this issue:
bailii.org/ew/cases/EWC...

An interesting Australian (c) ruling going against Aldi... I can't imagine their counsel were overjoyed when the emails about following the 'architecture' of the 'benchmark' brand came to light...
www.theguardian.com/business/202...

Copyright and Artificial Intelligence

New UKIPO AI and (c) consultation launched today - full consultation document is here:
www.gov.uk/government/c...

Just to say, not sure where they got that quote: none of the UKIPO decision or the High Court or the Court of Appeal judgments use the word 'drastic'... The Court of Appeal decision is, overall, a pretty dry ruling on the regulations governing use of the term 'milk' www.bailii.org/ew/cases/EWC...