Podcast special: Ringside with Brandsmiths and Bird & Bird

In this special episode of the IP Lounge, Ewan Grist, partner at Bird & Bird, and Andy Lee, head of IP at Brandsmiths, join Managing IP editor Max Walters to discuss the Iconix v Dream Pairs trademark case.

Brandsmiths acted for Iconix, while Bird & Bird represented Dream Pairs in this closely followed case. The case had made its way through the courts, finally culminating in the UK Supreme Court’s ruling on June 24.

Ultimately, Bird & Bird secured victory for its client. However, the Supreme Court’s decision also accepted some of the arguments put forward by Iconix, which could have a significant impact on future trademark law.

More details of the case can be found here.

In the podcast we unite the two litigating parties to dig into the ramifications of the case.

On the agenda:

• What must be considered when assessing “real and representative” circumstances regarding the similarity of trademarks;

• Post-sale confusion and how it can be a basis for trademark infringement even if there’s no confusion at the point of sale;

• The possible effects of the ruling on trademark applications and oppositions; and

• Whether the England and Wales Court of Appeal overreached by interfering with the trial judgment, and what the role of an appeal court should be.

We will be back with another episode later this month. Thank you for listening.