Ben Milloy of Fladgate LLP

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Ben joined Fladgate in 2013 and has since qualified as a solicitor in the intellectual property, technology and commercial team.

He advises on a range of contentious and non-contentious matters relating to intellectual property, electronic commerce, data protection and general commercial issues.  Ben has prepared and negotiated agreements for clients operating across a range of industries, including technology, leisure, sports, fashion, gaming, advertising, music and publishing.

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UK appeal court: beware of the “side-by-side” trade mark comparison

By Ben Milloy of Fladgate LLP on Posted in Branding, Case Studies, Famous Marks, Protection & Enforcement, Trademarks, United Kingdom
Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc & Anor [2024] EWCA Civ 29 (26 January 2024) When assessing the likelihood of confusion between two marks in a trade mark clearance or infringement context, the orthodox approach of the diligent IP practitioner might be to set the two marks out next to one another, … Continue Reading

OXFORD UNIVERSITY’S IP PROVISIONS UNDER THE MICROSCOPE: OXFORD UNIVERSITY INNOVATION V OXFORD NANOIMAGING LIMITED [2022]

By Ben Milloy of Fladgate LLP on Posted in Case Studies, Legislation, Patents, United Kingdom
Introduction In the recent decision of the UK Patents Court in Oxford University Innovation v Oxford Nanoimaging Limited [2022] EWHC 3200 (Pat), the Court was asked to consider whether UK legislation protecting consumers from unfair contract terms applied to a contract made between Oxford University and a DPhil (doctorate) student. The Court held that the legislation in … Continue Reading

Joint authorship of copyright: UK Court of Appeal tears up the script

By Ben Milloy of Fladgate LLP on Posted in Case Studies, Copyright, United Kingdom
A dispute concerning the screenplay for the 2016 Hollywood biographical comedy “Florence Foster Jenkins” (FFJ) – a film about a tone-deaf New York socialite who labours under the delusion that she is a talented opera singer – has this month produced a Court of Appeal decision centering on the parties’ own adjustment to reality. Apart … Continue Reading

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

By Ben Milloy of Fladgate LLP on Posted in Branding, Case Studies, Famous Marks, Protection & Enforcement, Trademarks, United Kingdom
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 … Continue Reading

When appealing bears fruit: Pear Technologies v EUIPO – Apple

By Ben Milloy of Fladgate LLP on Posted in Case Studies, Europe, Famous Marks, Trademarks, United Kingdom
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 … Continue Reading

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

By Ben Milloy of Fladgate LLP on Posted in Branding, Case Studies, Famous Marks, Trademarks, United Kingdom
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 … Continue Reading
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