Trade Marks And Passing Off In 2018

Article 50 of the EU AI Act introduces sweeping transparency obligations for AI providers and deployers, requiring disclosure of AI interactions, marking of AI-generated content, and labeling of deepfakes. These rules carry significant commercial and IP implications for businesses using AI to create marketing materials, synthetic influencers, and other valuable assets.

Generative AI has created a legal vacuum where synthetic images and deepfakes can be created and shared without consent, yet English law offers no standalone "image right" to protect individuals. With celebrities like Lisa Riley and over 80 performers demanding reform, the question is whether the UK's patchwork of intellectual property, data protection, and common law protections can adequately address this rapidly evolving threat to personal autonomy and reputation.

As AI voice cloning technology becomes increasingly sophisticated and accessible, the Save Our Voices Now campaign calls for statutory rights allowing individuals to own and control their voice as intellectual property. This article examines whether existing UK law sufficiently protects one of our most personal and recognisable attributes, exploring copyright, trade marks, passing off, and the practical steps individuals and businesses can take.

The Emotional Perception saga has become a defining case for patenting AI inventions in the UK. Most significantly, the Supreme Court judgement1 of February 2026 has reformed the examination of mixed-typed inventions in general, i.e. inventions containing a ‘mixture’ of technical and non-technical features.

Trademark phishing campaigns are rising, with businesses increasingly being targeted by highly sophisticated, AI-driven trademark scams. Alice Wright analyses a prominent registration scam recently circulating in the UK to offer advice on how to identify trademark scams, what immediate steps to take if targeted, and how to proactively protect your business through legitimate channels.

The ongoing commercial rivalry between fast-fashion giants Shein and Temu has evolved into one of the most significant intellectual property disputes in the e-commerce sector. This landmark case examines critical questions about copyright ownership, platform liability, and the legal responsibilities of online marketplaces in the digital age.

The UK High Court has delivered a landmark ruling on online marketplace liability, dismissing Shein's copyright infringement claims against Temu and clarifying when platforms can be held responsible for third-party content. The judgment examines the boundaries of copyright ownership in complex supply chains and establishes important precedents for how marketplace operators should respond to infringement allegations.

The High Court has awarded the Swatch Group US$11.6 million in negotiation damages against Samsung for trade mark infringements involving watch face apps on the Galaxy App store. Rejecting both parties' extreme valuations of US$170 million and US$301, the court established important principles for assessing damages when brand owners don't license their marks and no comparable market royalties exist.

Understanding the financial commitment of patent maintenance is essential for long-term IP protection. UK patents require annual renewal fees starting four years after filing, with costs increasing progressively each year.

The United Kingdom has long maintained a highly distinctive and user-friendly mechanism within its domestic intellectual property (IP) framework: the series trademark. For decades, this system has allowed businesses – ranging from local startups to multinational corporations – to secure protection for slight variations of their brand identity under a single application.

The UK's right-to-work regime is undergoing a fundamental transformation that will extend compliance obligations far beyond traditional employment relationships. From 1 October 2026, businesses engaging contractors, agency workers, platform-based workers, and complex supply chains will face new liability risks that travel up entire contracting chains. Understanding these changes and implementing the required contractual terms, substitution controls, and identity verification systems is now critical for orga

Meta has agreed to pay up to $18 billion over 10 years to settle claims by 52 US state and territory attorneys general in the largest state consumer-protection settlement in American history outside tobacco. The settlement imposes binding child-safety obligations including time limits and age assurance, but leaves the core algorithmic feed unchanged and raises questions about whether this represents genuine accountability or a commercially managed outcome.

An independent Premier League Commission has found Manchester City in breach of financial rules spanning nine seasons, with findings that the club artificially inflated revenues and reduced costs by over £900 million. The decision marks what the Premier League describes as the most significant case in its history, though Manchester City strongly disputes the findings and intends to appeal, setting the stage for further proceedings that could reshape English football's regulatory landscape.

The High Court has awarded the Swatch Group US$11.6 million in negotiation damages against Samsung for trade mark infringements involving watch face apps on the Galaxy App store. Rejecting both parties' extreme valuations of US$170 million and US$301, the court established important principles for assessing damages when brand owners don't license their marks and no comparable market royalties exist.

From 30 October 2026, independent trade unions will gain statutory rights to access workplaces - both physically and digitally - regardless of existing union membership or recognition. With tight statutory deadlines for responding to access requests and penalties reaching £500,000 for repeated breaches, employers face a significant shift in how unions can establish themselves in previously non-unionised workplaces.

In a landmark ruling, the English Commercial Court has determined that insurers must continue advancing defence costs under D&O policies even when fraud allegations are pending, provided a non-avoidance clause is present. The decision addresses whether such clauses violate public policy and establishes that insurers cannot withhold coverage until fraud is either admitted or proven by final court decision.

AI has fundamentally altered how reputation is shaped, with AI-powered search engines now delivering authoritative-seeming summaries rather than traditional search results. From deepfakes and voice cloning to coordinated review bombing and bot-driven harassment campaigns, the threats are evolving rapidly—but so are the defensive tools available to those who understand how to deploy them strategically.

The High Court's landmark ruling in R (University of Sussex) v Office for Students has fundamentally reshaped how the OfS regulates freedom of speech in higher education, leading to revised guidance that requires holistic policy assessment and proper consideration of remedial actions. With the new free-speech complaints scheme now operational, institutions face heightened scrutiny of their policies and must ensure their frameworks protect lawful speech while meeting equality obligations.

AI-generated content poses unprecedented reputational threats, from deepfakes to coordinated bot campaigns. While English law lacks AI-specific remedies, existing legal frameworks—including harassment protections, defamation claims, and the Online Safety Act 2023—offer powerful tools for those who act decisively. The emerging question of AI liability itself remains untested, focusing attention on the human decisions behind AI deployment.

A Technology and Construction Court ruling examines whether a tenant can escape a 25-year lease due to life-critical cladding defects discovered post-Grenfell, testing the boundaries of the frustration doctrine against comprehensive repairing covenants. The case explores how risk allocation in commercial leases interacts with modern building safety legislation and whether remediation timelines exceeding the remaining lease term constitute grounds for contractual discharge.