Jane Cornwell
banner
jcornwell123.bsky.social
Jane Cornwell
@jcornwell123.bsky.social

Senior Lecturer IP Law, University of Edinburgh; former IP lawyer and litigator. All views personal.

(Valerie) Jane Cornwell was an English editor, known as Jane Eustace before her marriage to John le Carré in 1972.

Source: Wikipedia
Business 32%
Law 31%

I'm excited to share that I'm writing a book on design law...

"Reshaping the ‘informed user’ and ‘overall impression’ in design law: Between fiction and reality" - currently in progress and due to be delivered to Edward Elgar in 2027! 📖

Very much enjoyed the new bin lorry that visited my street this morning... I wonder what it reminded me of? 🤣 On doing a little bit of digging, it seems that there are some further, excellent trade mark-inspired versions of this lorry on the roads - see faun-zoeller.co.uk/products/rea...

Happy to share details of my latest publication in this month's issue of the EIPR!

- J Cornwell, 'Fifteen years from Bellure to SkyKick: the extended functions of a trade mark in EU and UK law', EIPR 2025, 47(8), 461-469

Thanks, Sarah! I have more thoughts on this decision, particularly on what it says in terms of questioning whether or not lack of clarity is a ground for invalidation in UK law, but I think developing those thoughts is a task for the summer writing period!

Reposted by Jane Cornwell

Join us on 6 May, 3.30 - 5pm, for "The Respective Roles of Public and Private Competition Law Enforcement to attain the Goals of Antitrust: Beyond Optimal Enforcement Theory?"

Speakers include Olivier Guersent, Director General, DG Competition and Professor Arianna Andreangeli.

edin.ac/4jTuIqL

Reposted by Jane Cornwell

Congratulations to @smitakheria.bsky.social who has been elected as the Chair of the SLSA! (@slsauk.bsky.social)

Dr Kheria was elected during the SLSA’s annual conference and is the first woman of colour to hold the position since the association was established.

Read more: edin.ac/4iH7JhP

👇Please share widely - a two-year Teaching and Research Fellow opportunity in the field of AI law and regulation. Details below!

👇 For UK design folks - a fascinating (and troubling) investigation into apparent misuse of the UK registered design system, looking firms that appear to be selling 'authorship' slots on UKRDs to overseas academics, to help those academics game their academic reputations (eg for promotion purposes).
It's publication day! The final version of our article is now available here: edintegrity.biomedcentral.com/articles/10....

Great to see this article has been published - I am going to share it around as many of my UK design law contacts as I can!

Reposted by Jane Cornwell

It's publication day! The final version of our article is now available here: edintegrity.biomedcentral.com/articles/10....

Great, I shall look out for it.

This looks very interesting, Henning, where is your paper going to be published?

Reposted by Jane Cornwell

On 23/102024, the General Court of the EU, for the first time, found a registered EU design consisting of views that are not conclusive invalid. While the result is beyond doubt the standards suggested to be applied are less persuasive as shown in my paper (just accepted).

On Friday evening, we were delighted to have a lecture from Prof Lisa Ramsey on #trademarks and free speech. All we have to do now is await her new book later this year! @lpramsey.bsky.social @uoelawschool.bsky.social

👇Fascinating snapshot views on recent #TMs cases among the audience at IPKat's 'Retromark 2025' event. I'm not surprised by the huge (90%+) support for the EWCA's decision on 'unfair advantage' in Thatchers, but am more surprised by the support for Iconix....

ipkitten.blogspot.com/2025/04/retr...
Retromark 2025: Event Report (Part 2 - an interview with you – the audience)
The IPKat blog reports on copyright, patent, trade mark, info-tech and privacy/confidentiality issues from a mainly UK and European perspective.
ipkitten.blogspot.com

Very much looking forward very much to this lecture on Friday! All welcome @uoelawschool.bsky.social @lpramsey.bsky.social

Design lawyers - the survey response deadline is today but this is no April fools day joke! The UKIPO designs consultation suggests major changes to the subject matter that might be protectable as a design. Make sure to respond if you can!
👇Design law folks - don't forget the current UKIPO design survey (deadline 1 April). It looks as if it is mostly about procedure/cost, but right at the end it pops in a *major* question about revising the definition of 'design' in very significant ways!
www.gov.uk/government/c...
Survey on priorities to shape UK system for protecting designs
www.gov.uk

Reposted by Jane Cornwell

Would you confuse LINDOR with ALDI’s MOSER ROTH? Well, 25% of the Swiss public would associate one with the other according to a poll submitted by LINDT and endorsed by a 31-page verdict (Aargau Commercial Court, 14/12/2024; HSU.2024.50) including 60 footnotes!

decwork.ag.ch/api/main/v1/...

👇Design law folks - don't forget the current UKIPO design survey (deadline 1 April). It looks as if it is mostly about procedure/cost, but right at the end it pops in a *major* question about revising the definition of 'design' in very significant ways!
www.gov.uk/government/c...
Survey on priorities to shape UK system for protecting designs
www.gov.uk

🍗 EWCA disagrees that the average consumer of takeaway fried chicken includes a specific subset of 'tired, hungry and... intoxicated' late-night revellers, but rejects argument that the first instance reasoning on infringement was rationally insupportable:
www.bailii.org/ew/cases/EWC...

Reposted by Jane Cornwell

The CREATe Trade Mark Seminar Series is back - and it's our 3rd birthday! 🎉So pleased to be celebrating that with online talks by two excellent speakers - Dr Emma Perot on empirical TM research and Dr Zvi Rosen on TM history. Full programme here: tinyurl.com/dd45c8nh
The CREATe Trade Mark Seminar Series: Spring 2025 – Talks by Dr Emma Perot on Empirical Methods and Dr Zvi Rosen on Trade Mark History – CREATe
tinyurl.com
👇Fascinating test of AI tools answering questions on content from a specific patent law case book:

'We found that a substantial number of responses were unacceptable in the sense of being harmful for learning..., and many more responses failed to fully answer the question or had minor errors...'
Just posted a new draft with Amy Motomura, Jason Reinecke & Jonathan Masur: Can AI Hold Office Hours? Feedback welcome and appreciated! papers.ssrn.com/sol3/papers....
Just posted a new draft with Amy Motomura, Jason Reinecke & Jonathan Masur: Can AI Hold Office Hours? Feedback welcome and appreciated! papers.ssrn.com/sol3/papers....

Reposted by Jane Cornwell

Embarrassed Tesla owners are attaching the logos of other cars to make it look like they aren't driving Teslas.

www.dmarge.com/cars/tesla-o...
Tesla Drivers Are Scrapping Their Logos Over Elon Musk’s Controversial Behaviour
Once considered at the forefront of innovation, Tesla is facing huge consumer backlash for Elon Musk's controversial behaviour.
www.dmarge.com

I know it's not big news in the general scheme of things, but by way of some light relief - here ends one of the most ridiculed #TradeMark rebrands of recent years...

👇For any and all #TradeMark enthusiasts - we are delighted to be hosting @lpramsey.bsky.social at Edinburgh Law School on Friday 11 April 2025 for an in-person talk on trade marks and free speech rights. All welcome!
www.law.ed.ac.uk/news-events/...

For anyone needing a distraction today, handily the Court of Appeal has issued its decision in Thatchers v Aldi, allowing Thatchers' appeal on 'unfair advantage' and rejecting Aldi's attempt to get the EWCA to depart from L'Oreal v Bellure on this issue:
bailii.org/ew/cases/EWC...

An interesting Australian (c) ruling going against Aldi... I can't imagine their counsel were overjoyed when the emails about following the 'architecture' of the 'benchmark' brand came to light...
www.theguardian.com/business/202...

New UKIPO AI and (c) consultation launched today - full consultation document is here:
www.gov.uk/government/c...
Copyright and Artificial Intelligence
www.gov.uk