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Articles by Simon Casinader
Artificial Intelligence and Copyright: Where Does the United Kingdom Stand?
The UK Government’s report on the copyright and AI consultation was recently published. While the report confirms that balancing the interests of copyrights holders and AI developers is a complex exercise, it also provides an indication of likely scenarios to consider in this fast-evolving environment. The consultation focused on whether AI developers should be permitted to use copyright protected works for training purposes without prior authorisation and, if so, under what conditions.
Artificial Intelligence And Copyright: Where Does The United Kingdom Stand?
KG K&L Gates LLP More At K&L Gates, we foster an inclusive and collaborative environment across our fully integrated global platform that enables us to diligently combine the knowledge and expertise of our lawyers and policy professionals to create teams that provide exceptional client solutions. With offices worldwide, we represent leading global corporations in every major industry, capital markets participants, and ambitious middle-market and emerging growth companies.
Juventus FC Secures Landmark Ruling Securing Trade Mark Rights For NFTs
Kirill Venediktov, https://www.soccer.ru/galery/1287369/photo/932403 Monday, 13 February 2023 Author: Simon Casinader, Niall Lavery Juventus FC (affectionately nicknamed the “Old Lady”) has won a noteworthy ruling in its case of trade mark infringement brought against an NFT producer, Blockeras s.r.l (“Blockeras”). The Rome Court of First Instance ruled1 that the unauthorized minting, advertising and sale of non-fungible tokens (“NFTs”)2 can infringe the trade mark rights of the relevant owner.
UKIPO Set To Increase Fees For The First Time In Years From April 2026
K&L Gates LLP are most popular: within Immigration and Transport topic(s) On 5 November 2025, the UK Intellectual Property Office (UKIPO) announced that, subject to legislative approval, fees for patents, trade marks and designs will rise from 1 April 2026. This marks the first major adjustment in years: trade mark fees have not increased since 1998, design fees since 2016 and patent fees since 2018.
UKIPO Announces Increase to Fees for Patent, Trademarks
Skip to main content November 26, 2025 Volume XV, Number 330 Legal Analysis. Expertly Written. Quickly Found. Trending News UKIPO Set to Increase Fees for the First Time in Years from April 2026 Print Mail Download />i On 5 November 2025, the UK Intellectual Property Office (UKIPO) announced that, subject to legislative approval, fees for patents, trade marks and designs will rise from 1 April 2026.
Post-Sale Confusion Relevant To UK Trade Mark Infringement Cases But Supreme Court Overturns Court Of Appeal In The Umbro Case
On 24 June 2025, the Supreme Court handed down its decision in the case of Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc and another (see here).
Post-Sale Confusion Relevant to UK Trade Mark Infringement Cases but Supreme Court Overturns Court of Appeal in the Umbro Case
On 24 June 2025, the Supreme Court handed down its decision in the case of Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc and another (see here).
Could This be the Ai-nswer? A Collective Copyright Licence for Generative AI Training | JD Supra
The Copyright Licensing Agency (CLA), a United Kingdom (UK) not-for-profit, has announced that it is developing a Generative AI (GenAI) Training Licence, and is hoping to publish the licence in the third quarter of 2025. Why does this matter? One of the most hotly debated issues surrounding GenAI is how to train AI models, and how to balance the very real concerns of creators and the necessary flexibility for developers to encourage true innovation.
Could This Be The Ai-nswer? A Collective Copyright Licence For Generative AI Training
The Copyright Licensing Agency (CLA), a United Kingdom (UK) not-for-profit, has announced that it is developing a Generative AI (GenAI) Training Licence, and is hoping to publish the licence in the third quarter of 2025. Why does this matter? One of the most hotly debated issues surrounding GenAI is how to train AI models, and how to balance the very real concerns of creators and the necessary flexibility for developers to encourage true innovation.
Could This be the Ai-nswer? A Collective Copyright Licence for Generative AI Training
The Copyright Licensing Agency (CLA), a United Kingdom (UK) not-for-profit, has announced that it is developing a Generative AI (GenAI) Training Licence, and is hoping to publish the licence in the third quarter of 2025. One of the most hotly debated issues surrounding GenAI is how to train AI models, and how to balance the very real concerns of creators and the necessary flexibility for developers to encourage true innovation.
Everybody knows that trade marks are necessary to protect a brand’s logo and name, and a lot of people know that registered designs are a powerful tool in stopping counterfeit goods, but did you know these rights can also be used to help protect against unwanted “dupes” (also known as “copycat” or “lookalike” products)?
Make Protecting Your UK And EU Product Packaging And Labels Your New Year's Ip Resolution. Part 2: Combatting Dupes And Copycats In The United Kingdom
KG K&L Gates LLP More At K&L Gates, we foster an inclusive and collaborative environment across our fully integrated global platform that enables us to diligently combine the knowledge and expertise of our lawyers and policy professionals to create teams that provide exceptional client solutions. With offices spanning across five continents, we represent leading global corporations in every major industry, capital markets participants, and ambitious middle-market and emerging growth companies.
Make Protecting Your UK and EU Product Packaging and Labels Your New Year’s IP Resolution. Part 2: Combatting Dupes and Copycats in the United Kingdom | Open Legal Blog Archive
By: Arthur Artinian, Simon Casinader, and Georgina Rigg Everybody knows that trade marks are necessary to protect a brand’s logo and name, and a lot of people know that registered designs are a powerful tool in stopping counterfeit goods, but did you know these rights can also be used to help protect against unwanted “dupes” (also known as “copycat” or “lookalike” products)?
When Life Gives You Lemons….Thatchers Successful as Court of Appeal Finds Aldi Copycat Products Amount to Trade Mark Infringement in the UK | JD Supra
On 20 January 2025, the English Court of Appeal handed down its judgment in a highly anticipated appeal by Thatchers Cider Company, concluding that Aldi had infringed Thatchers’ registered trade mark under section 10(3) of the Trade Marks Act 1994, by taking unfair advantage of Thatchers’ packaging trade mark (see comparison below).
When Life Gives You Lemons….Thatchers Successful As Court Of Appeal Finds Aldi Copycat Products Amount To Trade Mark Infringement In The UK
On 20 January 2025, the English Court of Appeal handed down its judgment in a highly anticipated appeal by Thatchers Cider Company, concluding that Aldi had infringed Thatchers' registered trade mark under section 10(3) of the Trade Marks Act 1994, by taking unfair advantage of Thatchers' packaging trade mark (see comparison below).
Make Protecting Your UK And EU Product Packaging And Labels Your New Year's IP Resolution. Part 1: Protect Unique Packaging In The EU
On 19 December 2024, the EU's new Packaging Regulation was signed and will come into force 18 months after the date of publication, still to be announced. This repeals the old packaging directive and makes significant changes to the regime. These changes include introducing stringent requirements on sustainability, recyclability and limiting single-use plastics for products sold in the EU.
When Life Gives you Lemons….Thatchers Successful as Court of Appeal Finds Aldi Copycat Products Amount to Trade Mark Infringement in the UK
On 20 January 2025, the English Court of Appeal handed down its judgment in a highly anticipated appeal by Thatchers Cider Company, concluding that Aldi had infringed Thatchers’ registered trade mark under section 10(3) of the Trade Marks Act 1994, by taking unfair advantage of Thatchers’ packaging trade mark (see comparison below).
President Biden Issues Last-Minute Cybersecurity Executive Order
On January 16, 2025, President Biden issued Executive Order 14144, titled “Strengthening and Promoting Innovation in the Nation’s Cybersecurity” (“EO 14144”). EO 14144 builds on President Biden’s Executive Order on Improving the Nation’s Security (“EO 14028”), and aims to strengthen software supply chain security, impose more stringent cybersecurity requirements on federal contractors, combat cybercrime, and encourage the development of identity verification technologies.
Make Protecting Your UK and EU Product Packaging and Labels Your New Year’s IP Resolution. Part 1: Protect Unique Packaging in the EU | JD Supra
New developments in Europe make a filing strategy for registered designs and trade marks even more essential for the modern consumer business. Read on to find out more. On 19 December 2024, the EU’s new Packaging Regulation was signed and will come into force 18 months after the date of publication, still to be announced. This repeals the old packaging directive and makes significant changes to the regime.
Make Protecting Your UK and EU Product Packaging and Labels Your New Year’s IP Resolution. Part 1: Protect Unique Packaging in the EU
New developments in Europe make a filing strategy for registered designs and trade marks even more essential for the modern consumer business. Read on to find out more. On 19 December 2024, the EU’s new Packaging Regulation was signed and will come into force 18 months after the date of publication, still to be announced. This repeals the old packaging directive and makes significant changes to the regime.
UKIPO Issues Guidance On Design Applications For Products Consisting Of Multiple Components
The UKIPO has published an updated Design Practice Note on design applications for products that consist of multiple components. The Practice Note clarifies what is acceptable in a single design application under UK design practice. In line with section 1(2) of the Registered Design Act 1949, one of the requirements for acceptance is that a design should seek protection for the appearance of a 'single, unitary product'.
UKIPO Issues Guidance on Design Applications for Products Consisting of Multiple Components
The UKIPO has published an updated Design Practice Note on design applications for products that consist of multiple components. The Practice Note clarifies what is acceptable in a single design application under UK design practice. In line with section 1(2) of the Registered Design Act 1949, one of the requirements for acceptance is that a design should seek protection for the appearance of a ‘single, unitary product’.
What the UEFA EURO 2024 tournament has taught us about ambush marketing for future events
Tuesday, 09 July 2024 Author: Simon Casinader, Niall Lavery This article discusses the key takeaways from the UEFA European Championships 2024 in Germany, focusing on advertising and ambush marketing. It examines the lessons for rights holders and tournament organizers on how they can protect their rights and effectively commercialize their event.
No Point Crying Over Spilled "Not Milk" - Distinctiveness Issues For Trade Marks In The Plant-Based Food Industry
The plant-based food industry is growing at a rapid pace, with popularity amongst consumers increasing because of its purported health and environmental benefits. However, a recent General Court decision in the EU highlights the difficulties brands face in obtaining trade mark protection for plant-based food if brands are not sufficiently distinctive (despite a tendency in the industry to develop brands which are a play on words of traditional food products).
UK Supreme Court Judgment Finds Directors May Not Be Liable For IP Infringement Without Knowledge Of Essential Facts
Earlier this month in Lifestyle Equities CV and another v Ahmed and another the Supreme Court of the United Kingdom held that the company directors of Hornby Street Limited, siblings Kashif and Bushra Ahmed, were not jointly liable with their company for trade mark infringement.
No Point Crying Over Spilled “Not Milk” – Distinctiveness Issues For Trade Marks In The Plant-Based Food Industry
The plant-based food industry is growing at a rapid pace, with popularity amongst consumers increasing because of its purported health and environmental benefits. However, a recent General Court decision in the EU highlights the difficulties brands face in obtaining trade mark protection for plant-based food if brands are not sufficiently distinctive (despite a tendency in the industry to develop brands which are a play on words of traditional food products).
UK Supreme Court Judgment Finds Directors May Not Be Liable for IP Infringement Without Knowledge of Essential Facts
Earlier this month in Lifestyle Equities CV and another v Ahmed and another the Supreme Court of the United Kingdom held that the company directors of Hornby Street Limited, siblings Kashif and Bushra Ahmed, were not jointly liable with their company for trade mark infringement.
UK Supreme Court Judgment Finds Directors may not be Liable for IP Infringement Without Knowledge of Essential Facts
Earlier this month in Lifestyle Equities CV and another v Ahmed and another the Supreme Court of the United Kingdom held that the company directors of Hornby Street Limited, siblings Kashif and Bushra Ahmed, were not jointly liable with their company for trade mark infringement.
The UKIPO Updates Its Policies To Tackle Ineffective Addresses For Service
The UK Intellectual Property Office (UKIPO) has released an update this month in relation to the issue of trade mark applicants and owners providing a valid address for service. Particularly following Brexit there has been concerns about would-be trade mark owners filing applications with false or ineffective addresses for service and as a result the UKIPO is now taking a more proactive approach using their powers under Rule 11 of the Trade Mark Rules 2008.
The UKIPO Updates its Policies to Tackle Ineffective Addresses for Service
The UK Intellectual Property Office (UKIPO) has released an update this month in relation to the issue of trade mark applicants and owners providing a valid address for service. Particularly following Brexit there has been concerns about would-be trade mark owners filing applications with false or ineffective addresses for service and as a result the UKIPO is now taking a more proactive approach using their powers under Rule 11 of the Trade Mark Rules 2008.
The UK Fails To Agree To A Voluntary Code Of Practice For Copyright And Gen AI
An initiative to create a voluntary code of practice on copyright and Generative AI ("Gen AI") has failed to reach an agreement. The UK Intellectual Property Office (UKIPO), who led the conversations that started mid-2023, has not been able to reach consensus within the working group in relation to the use of copyright protected works to train Gen AI models.
The Cloudy World Of Look-A-Like Products – Aldi Successfully Defends Allegations Of Trade Mark Infringement - Trademark - United States
Recently the High Court of Justice of England and Wales handed down its judgment in a trade mark infringement proceeding between Aldi v Thatcher's that had been being watched by many. Thatchers had sued Aldi for trade mark infringement and passing off over claims that the supermarket's Taurus lemonade brand was a copycat of its Cloudy Lemon Cider in both taste and appearance (see below).
The UK Fails to Agree to a Voluntary Code of Practice for Copyright and Gen AI
An initiative to create a voluntary code of practice on copyright and Generative AI (“Gen AI”) has failed to reach an agreement. The UK Intellectual Property Office (UKIPO), who led the conversations that started mid-2023, has not been able to reach consensus within the working group in relation to the use of copyright protected works to train Gen AI models.
The Cloudy World of Look-A-Like Products - Aldi Successfully Defends Allegations of Trade Mark Infringement
Skip to main content February 06, 2024 Volume XIV, Number 37 Legal Analysis. Expertly Written. Quickly Found. Trending News The Cloudy World of Look-A-Like Products - Aldi Successfully Defends Allegations of Trade Mark Infringement Print Mail Download i Recently the High Court of Justice of England and Wales handed down its judgment in a trade mark infringement proceeding between Aldi v Thatcher’s that had been being watched by many.
The Battle Of The Bulls: NBA Fail To Invalidate Pizza Texas Bulls Trade Mark Similar To The Chicago Bulls Logo In The United Kingdom
The National Basketball Association (NBA) has lost the appeal of its invalidation action against a United Kingdom (UK) trade mark filed by Pizza Texas Bulls Inc (Pizza Bulls) in classes 30, 39, and 43 in NBA Properties Inc. v. Pizza Texas Bulls Inc [2023] EWHC 3040 (Ch). Interestingly, the NBA was successful in the European Union (EU) in relation to identical marks under Opposition No B3146352, and prevented the Pizza Bulls mark being registered in the EU.
The Battle of the Bulls: NBA Fail to Invalidate Pizza Texas Bulls Trade Mark Similar to the Chicago Bulls Logo in the United Kingdom
The National Basketball Association (NBA) has lost the appeal of its invalidation action against a United Kingdom (UK) trade mark filed by Pizza Texas Bulls Inc (Pizza Bulls) in classes 30, 39, and 43 in NBA Properties Inc. v. Pizza Texas Bulls Inc [2023] EWHC 3040 (Ch). Interestingly, the NBA was successful in the European Union (EU) in relation to identical marks under Opposition No B3146352, and prevented the Pizza Bulls mark being registered in the EU.
Upcoming UKIPO Representation Changes – The Effects Of Brexit Continue - Trademark - UK
One of the effects of Brexit was that the UK introduced a requirement for a UK based representative for all UK national trade marks, patents and designs and international registrations designating the UK in January 2021. However, there was a grace period for comparable trade marks or re-registered designs deriving from an EU national trade mark or international registration designating the EU.
Upcoming UKIPO Representation Changes – The Effects of Brexit Continue
Skip to main content November 13, 2023 Volume XIII, Number 317 Legal Analysis. Expertly Written. Quickly Found. Trending News Upcoming UKIPO Representation Changes – The Effects of Brexit Continue Print Mail Download i One of the effects of Brexit was that the UK introduced a requirement for a UK based representative for all UK national trade marks, patents and designs and international registrations designating the UK in January 2021.
Dior's Foray Into Blockchain: Fashion And Digital Proof Of Authenticity
In July 2023, Dior announced its first foray into blockchain when it released B33 sneakers for men, a further example of how brands are evolving how they interact, influence, and collaborate with consumers. Each of the 470 pairs of trainers in this product line are linked to a corresponding NFT of the shoes minted on the Ethereum. This digital twin serves as a unique identifier, providing a layer of authenticity to each pair of trainers. Each of these exclusive pairs retail for £1,100.
Just Because the Court Can, Doesn’t Mean It Will: The Difficulty in Seeking to Avoid an Injunction Following a Finding of Copyright Infringement in the UK
As reported previously in our blog post here, earlier this year the High Court of England and Wales found in Lidl’s favour regarding allegations of trade mark infringement, passing off and copyright infringement by Tesco.
Just Because the Court can, Doesn’t Mean it will: The Difficulty in Seeking to Avoid an Injunction Following a Finding of Copyright Infringement in the UK
As reported previously in our blog post here, earlier this year the High Court of England and Wales found in Lidl’s favour regarding allegations of trade mark infringement, passing off and copyright infringement by Tesco.
How Athletes Can Manage Competing Sponsorship Obligations
Friday, 16 June 2023 By Simon Casinader, Niall Lavery, Sophie Verstraeten Prior to the London Marathon, British running athlete Eilish McColgan that she was threatened from being blocked to enter the event because of a sponsorship clash. 1 McColgan planned to wear a vest bearing the logo of her individual sponsor, Science in Sport (“SIS”), during the marathon which would have conflicted with the London Marathon’s official sponsor, Lucozade Sport.
A Lidl Decision with Big Implications – UK High Court Finds That Tesco’s Clubcard Logo Infringes Lidl’s Logo
In a recent decision, the High Court of England and Wales has found that Tesco’s use of the yellow and blue Tesco Clubcard logos (reproduced below) infringed Lidl’s trade marks (see the relevant Lidl marks below) and also gave rise to copyright infringement and passing off. The supermarket chains have been in a battle over the use their respective signs with a square blue background and yellow circle.
A Lidl Decision with big Implications - UK High Court Finds that Tesco’s Clubcard Logo Infringes Lidl’s logo
In a recent decision, the High Court of England and Wales has found that Tesco’s use of the yellow and blue Tesco Clubcard logos (reproduced below) infringed Lidl’s trade marks (see the relevant Lidl marks below) and also gave rise to copyright infringement and passing off. The supermarket chains have been in a battle over the use their respective signs with a square blue background and yellow circle.
Nothing More than Empty Words: The Difficulty with Registering Slogans as Trade Marks In the EU
Companies continue to face difficulties in achieving EU trade mark protection for their slogans. In separate recent decisions of the EU General Court, two trade mark applications relating to advertising slogans were rejected on the grounds that the marks lacked the ‘distinctive character’ required to be registerable under Article 7(1)(b) of Regulation 2017/1001. These two decisions join a long list of case law rejecting similar applications.
CJEU Paves the Way for Red-Soled Heels to Widen the Scope of Liability of E-commerce Platforms
A recent preliminary ruling by the Court of Justice of the European Union (“CJEU”) in the joint cases (C-148/21 and C-184/21) between a luxury fashion brand known for its signature red-soled heels Christian Louboutin and an e-commerce giant Amazon might mark a start of an era of increased accountability of marketplaces in relation to listings of third parties they accommodate on their platforms.
CJEU Paves the way for Red-Soled Heels to Widen the Scope of Liability of E-Commerce Platforms
A recent preliminary ruling by the Court of Justice of the European Union (“CJEU”) in the joint cases (C-148/21 and C-184/21) between a luxury fashion brand known for its signature red-soled heels Christian Louboutin and an e-commerce giant Amazon might mark a start of an era of increased accountability of marketplaces in relation to listings of third parties they accommodate on their platforms.
Juventus FC Secures Landmark Ruling Securing Trade Mark Rights For NFTs
Juventus FC (affectionately nicknamed the “Old Lady”) has won a noteworthy ruling in its case of trade mark infringement brought against an NFT producer, Blockeras s.r.l (“Blockeras”). The Rome Court of First Instance ruled1 that the unauthorized minting, advertising and sale of non-fungible tokens (“NFTs”)2 can infringe the trade mark rights of the relevant owner.
The Battle of the Supermarkets Vol. 2 - GINgle Bells, GINgle Bells, GIN All the Way
It is beGINning to look a lot like a legal disputes saga between supermarkets in the UK. We have recently covered an ongoing dispute between Lidl and Tesco (see here), which relates to an alleged trade mark infringement. This time, Marks & Spencer (M&S) are suing the largest Europe’s discount grocery chain Aldi for copying their registered designs of the light-up Christmas gin bottles.
Trade Secrets: An International Perspective on Their Protection and Tips to Mitigate Disclosure Risk | JD Supra
December 21, 2022 Devon Beane, Simon Casinader, Amanda Maxfield, Harrison Ottaway, Patrick Sands K&L Gates LLP + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: There have been a number of recent prominent examples of the unauthorised use of trade secrets by employees or former employees of large businesses.
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