Welcome to the Autumn 2019 issue of IP Brief, including:

Two "Asian Achievers Awards" events - passing off

• Did the Defendant's use of the event name "British Asian Achievers Awards" amount to passing off of the Claimant's event name "Asian Achievers Awards"? 
• Having evidence of actual public confusion in relation to the parties' competing brands is important when considering a passing off claim.

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BEAUTY BAY trade mark not infringed by BEAUTY & THE BAY

• Use of sign BEAUTY & THE BAY on Benefit's Christmas gift set did not infringe BEAUTY BAY registered trade mark.
• Despite similarity between mark and sign, this case confirms the importance of taking into account all relevant circumstances in global appreciation test.

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Dispute over copyright in Eminem's Infinite album provides arena for analysis of the test for primary and secondary infringement

• Primary, but no secondary, copyright infringement in Eminem's Infinite album
• Clarification of the test for secondary infringement under s.23 CDPA
• Ruling serves as a reminder to legal practitioners to take care when using precedent documents 

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High Court provides guidance on data in horseracing case

• Multi claims relating to the collection, analysis and distribution of horseracing data.
• Useful guidance on intellectual property and data issues relevant to businesses that produce and provide data.
• Does consulting someone's information amount to breach of copyright and/or database rights?

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The Kennel Club Ltd v Micro-ID Ltd – database rights

• IPEC dismisses a claim for database right infringement where the Defendant did not submit sufficient evidence to show that the Claimant extracted or reutilised a substantial part of the contents of the database. 

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Court of Appeal considers the principles of passing off in cybersquatting cases

• Company registers a domain name using an unused trade mark owned by another company.
• The owner of the trade mark brings a claim in passing off. 
• The claim is rejected on appeal, as the trade mark owner fails to show relevant reputation and goodwill in the mark.  

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