Blog

  • Posted by Michael Coyle on September 07, 2019 / Posted in Trade Marks
    US claimant fails...it was always going to be difficult.
    The High Court this month refused an interim injunction in a passing off action concerning the use of a descriptive phrase 'FREEPRINTS '. My first reaction was how on earth did the Claimant think it would succeed in the first place? It argued that there was a serious issue to be tried; they had generated substantial goodwill as a result of extensive use of the sign "FREEPRINTS". The Defendant argued that there was no serious issue to be tried; "FREE PRINTS" was descriptive; the claimants did [...]
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  • Posted by Michael Coyle on September 07, 2019 / Posted in Trade Marks
    Oi! You. You're nicked
    The Intellectual Property Office IP Crime and Enforcement 2018 to 2019 Report has been released, in addition a separate supplement with a sample of IP related case studies from Trading Standards is also included. The report can be found here  https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/829271/ip-crime-and-enforcement-report-2018-19.pdf Some amazing facts ...Some 12 million domains were registered last year with some 32,000 domains [...]
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  • Posted by Michael Coyle on September 07, 2019 / Posted in Trade Marks
    Trade marks and Amazon and Trademarks
    As well as not paying hardly any UK tax Amazon can also be facilitating the infringement of your trade marks or designs.  In short according to  Marketplace Pulse, an e-commerce analyst, has warned that Amazon is "plagued" with counterfeit goods. It is based on the fact that a quarter of marketplace sellers on Amazon.co.uk were based in China and used Amazon's delivery services to distribute their goods. Now this could be seen to be China bashing but estimates suggest that as much [...]
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  • Posted by TMR TMR on September 05, 2019 / Posted in Trade Marks
    The low-down on Community Designs A registered Community Design is a monopoly right that can expand the intellectual property for your business and give you heightened protection.
    A registered Community Design is a monopoly right that can expand the intellectual property for your business and give you heightened protection. Article 3 of the Design Regulation defines designs as “'The appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colour, shape, texture and/or materials of the product itself and/or its ornamentation”. A registered Community Design will not only give you exclusive rights of use [...]
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  • Posted by TMR TMR on September 04, 2019 / Posted in Trade Marks
    Trade Dress Infringement, Trade mark Dilution and Unfair Competition
    It has been long enshrined in trade mark law that a registered trade mark proprietor is protected by law from another entity using their trade mark without their permission (Trade Marks Act 1994 and the Trade Mark Regulation 2018). However, it can be hard for an individual based in the UK to fully understand what trade mark infringement means without understanding the following concepts: -          Trade Dress infringement; [...]
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  • Posted by TMR TMR on August 27, 2019 / Posted in Trade Marks
    The sport and clothing apparel brand New Balance, has sought the recall of some Nautica products that it claims infringes its famous ‘N’ logo trade mark
    The sport and clothing apparel brand New Balance, has sought the recall of some Nautica products that it claims infringes its famous ‘N’ logo trade mark. The ‘N’ logo has been used by New Balance since 1976 with the launch of its iconic New Balance 320 skyrocket shoes. New Balance states that the clothing apparel company Nautica’s recent collection featured the use of its ‘N’ logo on various items such as polo shirts and footwear. This has the potential [...]
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  • Posted by TMR TMR on August 12, 2019 / Posted in Trade Marks
    The high-end cam recorder company GoPro has built a reputation in Europe for selling technologically advanced devices.
    The high-end cam recorder company GoPro has built a reputation in Europe for selling technologically advanced devices. These devices allow for the average person to record memories on footage on land and in the water that looks very life-like in the air or in water. One of its most successful lines is its HERO range which is sold by high-end high street retailers such as John Lewis. As a result, when a Chinese company called Shenzhen applied to register a trade mark for its NightHero Technology, [...]
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  • Posted by TMR TMR on July 18, 2019 / Posted in Trade Marks
    In the UK, there is no specific law dedicated to image rights for individuals.
    In the UK, there is no specific law dedicated to image rights for individuals. As such, registered trademarks could be considered of rather limited utility in dealing with ones image. However some aspects of UK trade mark laws can potentially be utilized and applied to protect some commercial aspects of an individuals persona, which in essence, could have much relation to their image. In certain circumstances, personalities may move beyond endorsement to use their own name or image as the [...]
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  • Posted by TMR TMR on July 18, 2019 / Posted in Trade Marks
    A trade mark search is one of the most crucial steps in the trade mark registration process.
    A trade mark search is one of the most crucial steps in the trade mark registration process. Carrying out a search prior to applying for your proposed mark can have a huge impact on minimizing the level of risk of refusal. Doing this search could also give you an indication as to whether your proposed mark already exists, and whether it is owned by someone else. A trade mark search is available in a number of different forms - ultimately, this will save you expenses and time in the long run [...]
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  • Posted by TMR TMR on July 11, 2019 / Posted in Trade Marks
    Before you file to register your trade mark, you are required to provide and identify the goods and/or services in which you wish to seek protection for your mark.
    Before you file to register your trade mark, you are required to provide and identify the goods and/or services in which you wish to seek protection for your mark.   These goods and services are divided into 45 classes which you can find using a classification system. Classes 1 – 34 are generally used for products, whereas classes 35 to 45 are used to identify services. Each class does not always include all that can be covered but will give you a general indication as to what it can [...]
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