Insights: Ben Milloy

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Simon Cowell picks bone with “The Pets Factor” UK trade mark

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When TV format creator Mark Duffy struck upon the tongue-in-cheek name “The Pets Factor” for what was (presumably) a talent competition for domestic animals, he might well have smiled at his own ingenuity. Conversely, when Simon Cowell heard about the name (via Mr Duffy’s application to register it as a UK trade mark in classes […]


When appealing bears fruit: Pear Technologies v EUIPO – Apple

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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 […]


Fladgate acts for Dev Clever Holdings plc on its fundraise and admission to the Main Market

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Leading UK law firm Fladgate has acted for Dev Clever Holdings plc on its listing on the Standard segment of the Official List and its admission to trading on the Main Market of the London Stock Exchange. The Company raised approximately £1m by way of equity placing and subscription and converted approximately £200,000 of debt […]


Just Don’t Do It: Nike’s LDNR campaign halted by UK IP court

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Fladgate IP associate Ben Milloy was recently invited by the European Intellectual Property Review to discuss the decision in Frank Industries Pty Ltd v Nike Retail BV, stopping Nike’s LDNR ad campaign. Please click the link below to read the full article. Just Don’t Do It – Nike’s LDNR campaign halted by UK IP court […]


Trimming away at online sales bans: the Stihl case

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In 2017, the Court of Justice of the European Union’s decision in Coty delivered a boost for brand owners wishing to control, via selective distribution arrangements, the e-commerce platforms through which their products were sold to consumers (see ‘Coty scents competition law victory for brand owners’).  In its judgment the ECJ said that it could […]


Nothing beats a good TM LWYR – Nike’s questionable LDNR campaign

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A July 2018 decision of the UK Intellectual Property Enterprise Court (IPEC) appears to have put paid to Nike’s recent “Nothing beats a Londoner” ad campaign. The case highlights, with hindsight, a perhaps regrettable commercial/legal decision by the sports giant, whilst also demonstrating the usefulness of the IPEC as a means of speedy and effective […]


Fladgate advises Argo Blockchain Plc on Main Market listing and £25m placing

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Fladgate LLP is pleased to have advised Argo Blockchain Plc (Argo), a provider of crypto-mining services, on its admission to the standard segment of the Official List and to trading on the London Stock Exchange’s Main Market. Argo raised £25m under a placing concurrent with admission and had a market capitalisation on admission of approximately […]


Fladgate advises Gfinity on its acquisition of RealSM Limited

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Fladgate LLP has advised leading AIM-listed esports entertainment company Gfinity PLC on its acquisition of RealSM Limited, a sports media company which operates a fan-oriented digital sports media platform under the brand name RealSport. The consideration was c.£2.4m, to be satisfied by the issue of new shares in Gfinity. This acquisition supports Gfinity’s aim to […]


EU General Court opinion delivers boost to brands selling online

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You don’t need to be a PR guru to know that branding is all about image. This is never truer than for high-end or luxury brands, which strive to deliver a customer experience that is consistent with, and can be justified by, the price tag. This sensitivity to customer experience is borne out in distributor […]


The Competition Appeal Tribunal’s “fast track” procedure: evening the playing field

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Given that most high-profile competition law actions tend to involve the decisions of large-scale regulators following heavily-protracted investigations (such as the recent seven-year EU commission investigation into Google’s online shopping offering), small businesses and consumers could be forgiven for thinking that redress in competition law is not a realistic proposition. It was, however, with this […]


The Technosport case: use of “BMW” brand by independent dealer prohibited

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The UK Court of Appeal has recently provided some limited guidance on the fine line between using a brand legitimately to explain to the public the service that a company provides, and using a brand as a means of misleading the public into believing it is somehow linked to, or authorised by, the brand in […]


Fladgate advises on Amy Winehouse statue loan agreement

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Fladgate’s leisure team has acted for The Camden Market Management Company Limited on an agreement for the loan of the official Amy Winehouse statue, which is on display at Camden Market Stables. Winehouse (1983–2011) was a British singer and songwriter who had become strongly associated with Camden Town until her death in 2011.  The work […]