Simon Malynicz KC

KC (King's Counsel) barrister, intellectual property law. Views my own. RT/like/follow = of interest.

[Simon Malynicz KC @SimonMalynicz]

Thank you @thelegal500 It is a huge honour to win IP Silk of the Year 2022 given calibre of those nominated. Thanks go to the talented, energetic and patient barristers instructed alongside me this year. Could not have done it without you. #L500barawards

[The Legal 500 @thelegal500]

Now it's time to recognise the intellectual property Bar at #L500barawards. IP junior of the year goes to Isabel Jamal, the silk award goes to Simon Malynicz KC and the set title goes to 11 South Square. Well done!

[Simon Malynicz KC @SimonMalynicz]

Many congratulations on the award of KC, @LionelBently ! To avoid personal bias, I shall quote the MOJ on his appointment. "Universally respected" his publications "rank among the most influential in IP" and were "crucial .. in influencing IP law in this jurisdiction and beyond"

[Hogarth Chambers @HogarthChambers]

Barristers need to build shared brands, says leading TM KC https://t.co/p9h9p2jxWn

[Simon Malynicz KC @SimonMalynicz]

Just received word this morning that leave to appeal has been granted by the Supreme Court in Skykick. #trademarks #badfaith #skykick #TrademarkRegistration

[Simon Malynicz KC @SimonMalynicz]

Delighted, honoured and, yes, strangely relieved to be called to the @TheBarofIreland earlier today. Sincere thanks for making us UK transfer applicants feel so welcome. Good luck to everyone. @KingsInns

[Simon Malynicz KC @SimonMalynicz]

Admitted to the degree of Irish barrister @KingsInns last night. Honoured to share the occasion (online) with lots of young Irish barristers and a few other “EU Directivers” @Beth_Collett @JamesAbrahams @TomMitcheson

[Simon Malynicz KC @SimonMalynicz]

General Court summarily allows Sony’s appeal against the EUIPO on grounds that it is manifestly well-founded.
https://t.co/K51zWDNTTx…
Yes you read that right. Art 132 RPGC is the Court's a rarely used power to get EUIPO Board of Appeal to follow the Court's previous judgments

[Simon Malynicz KC @SimonMalynicz]

Looking forward to a bit of swotting over Easter and beyond #thebarofireland

[Simon Malynicz KC @SimonMalynicz]

@rtushnet @Prof_Farley The striking thing to a UK a lawyer is how it bristles with findings of fact on context, competitive proximity, the value of confusion evidence (etc) & yet is still dealt not regarded as even suitable to go to trial.

[jamesnurton @JNurt]

Little piece by me for @ipwatchdog with comments from @twobirdsIP @AkashSachdeva1 & @ProfJohanna

[Simon Malynicz KC @SimonMalynicz]

Compelling blow by blow account of the #CJEU hearing in Case C-401/19, action by Poland to annul the filtering obligation contained in Article 17 of the Copyright in the Digital Single Market (DSM) Directive.

[Paul Keller @paul_keller]

@johanoomen @thebruess @communia_eu i have just published my writeup on the Kluwer Copyright Blog (version on COMMUNIA to follow): https://t.co/1zKKZNFJme

[Simon Malynicz KC @SimonMalynicz]

Comparative advertising or camaraderie? #trademark #advertising

[Simon Malynicz KC @SimonMalynicz]

Link to the #CJEU judgment here https://t.co/BxUWok0WX6

[Simon Malynicz KC @SimonMalynicz]

@michaelthandler And in developments closer to home #CJEU holds a #trademark genuinely used for vehicles when only parts and second hand cars were sold. Nobody doubts iconic status of #Ferrari Testarossa but the judgment will be relied on in more routine cases on partial revocation/re-sold goods

[Simon Malynicz KC @SimonMalynicz]

@michaelthandler And in developments closer to home #CJEU holds a #trademark genuinely used for vehicles when only parts and second hand cars were sold. Nobody doubts iconic status of #Ferrari Testarossa but the judgment will be relied on in more routine cases on partial revocation/re-sold goods

[Simon Malynicz KC @SimonMalynicz]

Delighted to put my name next to some incredible lawyers, ex-judges and legal academics asking the government kindly to stop using us all as a political football. https://t.co/ksNzeC3719

[Lionel Bently K.C.(Hon.) @LionelBently]

Next Tuesday 20th Oct, Tanya Aplin on the Limits of Trade Secret Protection: https://t.co/sLs4L4IFCI

[Simon Malynicz KC @SimonMalynicz]

Also nice to spot Arnold LJ's agreement with our analysis in "Gurry on Breach of Confidence" (2nd ed) https://t.co/AHnHe4ykUo

"As the authors' analysis makes clear... the basic attribute which information must possess [is] inaccessibility"

Well done @AplinTanya on Ch 5

[Simon Malynicz KC @SimonMalynicz]

“The starting point, in my judgment, is freedom of speech.” A punchy start to Lewison LJ’s analysis, dismissing claim to #confidentiality in horse-racing course data, unprotected by contract & broadcast on TV moments later: TRP v SIS [2020] EWCA Civ 1300 https://t.co/jcu5fnr2Rj

[Simon Malynicz KC @SimonMalynicz]

“The starting point, in my judgment, is freedom of speech.” A punchy start to Lewison LJ’s analysis, dismissing claim to #confidentiality in horse-racing course data, unprotected by contract & broadcast on TV moments later: TRP v SIS [2020] EWCA Civ 1300 https://t.co/jcu5fnr2Rj

[Simon Malynicz KC @SimonMalynicz]

Stimulating first day at @ERATrier online conference. A-lister Alexander von Mühlendahl taking us through non-traditional #trademarks, problems of description, specificity, distinctiveness of course. Often wonder why device/word marks privileged to avoid many of these obstacles.

[Simon Malynicz KC @SimonMalynicz]

Optimism slightly misplaced. It is now a virtual conference. Still plenty to look forward to: fundamental rights/IP, collective marks/GIs, recent case law on #trademarks and #designs. Speaking on bad faith and chairing a session on non-traditionals.