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Throw them (flowers) against a wall and see if it sticks – Banksy and Bad Faith

Banksy famously claimed that “copyright is for losers”; however, he has been furiously fighting to maintain the EU trade mark (EUTM) registration representing one of his best-known artworks, the ‘Flower Thrower’, despite his apparent disdain for IP rights.


Trade Mark Case Review: A Tale of Two Skull Devices

HalloweenAs Halloween approaches IPcopy brings you a skull tingling tale of bad faith……. (more…)

Bad Faith & trade marks: Frost Products Ltd v F C Frost Ltd

frostOn Friday 26th July 2013 Mr Justice Vos, sitting in the PCC, delivered a detailed judgment which is a stark reminder to traders not to “turn a blind eye” to competitors.  In a complex case, in which the papers filled 17 lever arch files, the judge complimented counsel for managing to remain within the 2 day allocated time frame for this PCC matter.  Although there was plenty of legal argument, the case ultimately turned on facts. Who was doing what, when, who knew what, when, and what they ought to have done about it. (more…)