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Articles by Ben Milloy
London Tech Week Top Takeaways: Cybersecurity threats in the AI era – what is changing for businesses and what can be done? - Fladgate
Cybersecurity has hit the headlines again following the recent attacks on UK retailers Marks & Spencer, the Co-Op and Harrods. Whilst details of the precise methods and vulnerabilities exploited in these attacks may understandably be closely guarded at this stage, it’s fair to assume that suspected perpetrators such as Scattered Spider and/or DragonForce are increasingly leveraging AI to make their already powerful threat all the more potent.
UK Appeal Court: Beware of the “Side-By-Side” Trade Mark Comparison | JD Supra
When assessing the likelihood of confusion between two marks in a trade mark clearance or infringement context, the orthodox approach of the diligent IP practitioner might be to set the two marks out next to one another, analysing them primarily from the perspective of the average consumer at the point of sale. Whilst the prospect of confusion arising after this point should be considered, it is unlikely to be the focus.
UK appeal court: beware of the “side-by-side” trade mark comparison
When assessing the likelihood of confusion between two marks in a trade mark clearance or infringement context, the orthodox approach of the diligent IP practitioner might be to set the two marks out next to one another, analysing them primarily from the perspective of the average consumer at the point of sale. Whilst the prospect of confusion arising after this point should be considered, it is unlikely to be the focus.
Workplace Neurotech Requires A Balance Of Risk And Reward
By Ingrid Hesselbo and Ben Milloy (July 3, 2023, 12:09 PM BST) -- On June 1, the U.K. Information Commissioner's Office released a report on the future of neurotech, which it describes as the "gathering, analysing and using [of] information that is directly produced by the brain and nervous system."[1]... Stay ahead of the curve In the legal profession, information is the key to success. You have to know what's happening with clients, competitors, practice areas, and industries.
Can ‘honest concurrent use’ offer a viable defence to a besieged brand?
The receipt of a credible trademark cease-and-desist letter is a bitter pill for any business, but can be even harder to swallow where trading under a particular brand has gone on for a number of years, generating hard-earned goodwill.
Oxford University's IP Provisions Under the Microscope: Oxford University Innovation v Oxford Nanoimaging Limited [2022] | JD Supra
Introduction In the recent decision of the UK Patents Court in Oxford University Innovation v Oxford Nanoimaging Limited [2022] EWHC 3200 (Pat), the Court was asked to consider whether UK legislation protecting consumers from unfair contract terms applied to a contract made between Oxford University and a DPhil (doctorate) student.
OXFORD UNIVERSITY’S IP PROVISIONS UNDER THE MICROSCOPE: OXFORD UNIVERSITY INNOVATION V OXFORD NANOIMAGING LIMITED [2022]
Introduction In the recent decision of the UK Patents Court in Oxford University Innovation v Oxford Nanoimaging Limited [2022] EWHC 3200 (Pat), the Court was asked to consider whether UK legislation protecting consumers from unfair contract terms applied to a contract made between Oxford University and a DPhil (doctorate) student.
Oxford University’s IP provisions under the microscope: Oxford University Innovation v Oxford Nanoimaging Limited [2022]
Introduction In the recent decision of the UK Patents Court in Oxford University Innovation v Oxford Nanoimaging Limited [2022] EWHC 3200 (Pat), the Court was asked to consider whether UK legislation protecting consumers from unfair contract terms applied to a contract made between Oxford University and a DPhil (doctorate) student.
What happens to EU trade marks after Brexit? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
What happens to EU trade marks after Brexit?
A mere three and a half years after the 2016 referendum on membership of the European Union, the UK looks set to “leave” the EU on 31 January 2020. Instead of exiting without a deal (which at one stage looked distinctly possible), the UK’s departure will be pursuant to the New Withdrawal Agreement.
Joint authorship of copyright: UK Court of Appeal tears up the script | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Simon Cowell picks bone with “The Pets Factor” UK trade mark | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
When appealing bears fruit: Pear Technologies v EUIPO – Apple | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
When appealing bears fruit: Pear Technologies v EUIPO – Apple – Fladgate LLP
Tuesday 26 March 2019 Author: Ben Milloy Ben Milloy, Associate, Fladgate LLP (bmilloy@fladgate.com) Are apples different from pears? Or are they both just fruit? Or, as cockney rhyming slang would have it, are they stairs? These are the questions (excepting the last one) that the distinguished judges of the Court of Justice of the European Communities (CJEU) have been gr-apple-ing with in the recent case of Pear Technologies v EUIPO – Apple [2019] EUECJ T-215/17.
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