Obiter Dictum

The legal stories behind the things you didn't think needed a lawyer

The Archive

Articles

Everything published so far, grouped into collections. Each piece stands entirely on its own; the collections simply reward the reader who follows the thread.

Luxury & Brand Identity

Three pieces on how luxury houses are defending their brand identity across jurisdictions and legal doctrines. Podcast episodes for the Hermès and Louis Vuitton stories are in the edit and arrive soon.

Cover art for The Cost of a Flower

Part One · Louis Vuitton · July 2026

The Cost of a Flower

A Chinese tea chain, a 130-year-old monogram and the question of who gets to draw a petal.

Read on Substack   Podcast episode coming soon
Cover art for Someone Else's Buttons

Part Two · Chanel · July 2026

Someone Else's Buttons

Upcycled luxury, exhausted rights and the line between creative reuse and trademark infringement.

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Cover art for While Waiting for My Birkin

Part Three · Hermès · July 2026

While Waiting for My Birkin

Parody bags, reputation and the question of whether humour is a defence to trademark infringement.

Read on Substack   Podcast episode coming soon

Your Face & Your Voice

Two pieces on a deceptively simple question: who owns your face, and who owns your voice?

Cover art for The Face on the Box

Part One · June 2026

The Face on the Box

Copyright, celebrity likeness and the $15 million question of who said "yes".

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Cover art for The Sound of Yourself

Part Two · July 2026

The Sound of Yourself

Trademark, deepfakes and the question of whether you can own your own voice.

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Who Owns AI?

Three standalone articles on what the law says about artificial intelligence, across copyright, patents and data rights.

Cover art for Who Owns AI? Part One

Part One · May 2026

The Copyright Question

Thaler v Perlmutter, section 9(3) of the CDPA, and the question nobody at work is asking: if you used AI to write that report, who owns it?

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Cover art for Who Owns AI? Part Two

Part Two · May 2026

The Patent Question

Two UK Supreme Court decisions, two years apart, pulling in different directions on what a machine can invent.

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Cover art for Who Owns AI? Part Three

Part Three · May 2026

The Data Question

Getty Images against Stability AI, three jurisdictions at three different stages of resolution, and who controls data once it leaves the hands of the person it belongs to.

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Trade Dress & Dupe Culture

What happens when everyday objects, shapes and symbols end up in a courtroom.

Cover art for Who Owns an Octagon?

Trade Dress · May 2026

Who Owns an Octagon?

How Audemars Piguet lost the legal right to its most famous design, and why a $400 pocket watch might be the smartest thing the brand has ever done about it.

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Cover art for Does It Matter If Nobody Is Fooled?

Dupe Culture · May 2026

Does It Matter If Nobody Is Fooled?

How dupe culture broke the one thing trademark law needs to work, and why the courts are struggling to keep up.

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Cover art for Is a Cross Just a Cross?

Trademark · June 2026

Is a Cross Just a Cross?

Chrome Hearts, Nordstrom and the question of when a symbol that has been decorating things for two thousand years becomes somebody's trademark.

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Cover art for Who Owns the Shape of a Sandwich?

Trade Dress · May 2026

Who Owns the Shape of a Sandwich?

A billion-dollar peanut butter and jelly empire, a Trader Joe's knockoff with suspiciously similar crimped edges, and whether you can trademark a lunchbox staple.

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Cover art for Can You Own the Shape of a Moisturiser Jar?

Trade Dress · May 2026

Can You Own the Shape of a Moisturiser Jar?

How a $48 body cream, a Costco dupe and a federal judge's views on the practicality of roundness produced one of the most consequential trade dress rulings in years.

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Cover art for The Real Price of a Valentine's Card

Copyright · May 2026

The Real Price of a Valentine's Card

Pop-up greeting cards, three-dimensional paper sculptures, and what a copyright dispute reveals about the cost of making beautiful things.

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AI & Liability

Cover art for Can ChatGPT Tell You What's Wrong?

AI & Liability · May 2026

Can ChatGPT Tell You What's Wrong?

A bank holiday, an eleven-year-old's phone call, two doctors arguing in a kitchen, and a wrongful death lawsuit that asks what happens when the only second opinion available is a chatbot.

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Cover art for Who's Liable When the Chatbot Lies?

AI & Liability · June 2026

Who's Liable When the Chatbot Lies?

A bereavement fare, a chatbot that invented a refund policy, and the question the entire regulatory world is still trying to answer: when AI speaks for a company, whose words are they?

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Commentary

Cover art for The Shoes That Outgrew the Shop

Commercial · June 2026

The Shoes That Outgrew the Shop

Selective distribution, surplus stock and what happens when a brand decides it no longer needs you.

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Cover art for Who Gets to Be a Terrorist?

Public Law · June 2026

Who Gets to Be a Terrorist?

The Court of Appeal says Palestine Action is nothing like the suffragettes. The suffragettes might disagree.

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