Trade marks/passing off

View IP by content type:

News

Practice notes

Precedents

Q&As

Latest IP News

Court of Appeal—jurisdiction in patent license disputes (Vestel Elektronik Sanayi Ve Ticaret A.S. & another v Access Advance LLC & another)

The following Dispute Resolution news provides comprehensive and up to date legal information on Court of Appeal—jurisdiction in patent license disputes (Vestel Elektronik Sanayi Ve Ticaret A.S. & another v Access Advance LLC & another)

IP weekly highlights—8 April 2021

The following IP news provides comprehensive and up to date legal information on IP weekly highlights—8 April 2021

Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

The following Commercial news provides comprehensive and up to date legal information on Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

Swatch takes bite out of Apple’s bad faith parody allegation (Swatch AG v Apple Inc)

The following IP news provides comprehensive and up to date legal information on Swatch takes bite out of Apple’s bad faith parody allegation (Swatch AG v Apple Inc)

Featured IP content

Tomlin orders

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR...

Introduction to passing off

Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or...

Declaration of a director's interests—the statutory provisions

A director who is in any way, directly or indirectly, interested in:•a proposed transaction or arrangement with the company of which they are a...

Types of dispute resolution

This practice note provides an overview of the main types of dispute resolution that are an alternative to litigation. As well as covering the main...

Practice notes

Patent infringement

In order to establish that an unauthorised use or dealing in a product or process amounts to infringement of a patent it is necessary to prove that:•a...

9th Nov

Practice notes

Transferring patent rights

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

9th Nov

Practice notes

Uniform Domain Name Dispute Resolution Policy (UDRP) process

This Practice Note describes and explains the Uniform Domain Name Dispute Resolution Policy (UDRP) process and covers:•Application of the UDRP•Purpose...

Produced in partnership with Emily Taylor of Oxford Information Labs 12th Jan

Practice notes

Sub-licensing intellectual property rights

An intellectual property (IP) owner may choose to license its IP to a third party. This can be an effective route to generating revenue while...

Produced in partnership with Jessica Stretch 12th Jan

In-house

Practice notes

No deal Brexit—jurisdiction (UK and the Lugano Convention)

This Practice Note has been produced in partnership with Guy Pendell, Liz Williams and Kushal Gandhi of CMS.STOP PRESS: This Practice Note is under...

9th Nov

Brexit

Practice notes

Patent infringement—remedies

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

9th Nov

Practice notes

Intellectual property international treaties and conventions

IP laws are almost always national in nature. However, there are many conventions and treaties under which nations agree to provide minimum levels of...

9th Nov

Practice notes

Indirect infringement of patents

Introduction to infringementA patent owner has to prove two elements before it can secure an infringement finding (and then an injunction, damages,...

9th Nov

In-house

Practice notes

Sale of counterfeit goods online

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

9th Nov

Precedents

Execution clause—company—deed

Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...

9th Nov

In-house

Practice notes

Copyright—authorship and ownership

The Copyright, Designs and Patents Act 1988 (CDPA 1988) defines the author of a work as the person who created it. The author as creator is not always...

9th Nov

Precedents

Third party intellectual property rights indemnity clause—pro-supplier

1 Intellectual property rights indemnity 1.1 The Supplier shall defend the Customer against any third party claim that...

9th Nov

In-house

Practice notes

Elements of passing off—goodwill

Passing off is a common law tort which protects rights that are not capable of registration or are difficult to register as trade marks (eg colours,...

9th Nov

Practice notes

IP rights and semiconductors

Background to semiconductorsA semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely,...

Produced in partnership with Greg Burke of RPC, Paul Joseph of RPC and Sophie Tuson of RPC 12th Jan

Practice notes

Registered and unregistered design right infringement

This Practice Note covers the legislative framework, as well as case law, relating to infringement of registered and unregistered designs. For...

9th Nov

In-house

Precedents

Month definition

Month means a calendar month; Close This is a suggested definition for the term 'month', which...

9th Nov

Most recent Trade marks/passing off content

Practice notes

Trade mark infringement

Rights conferred by a trade mark registrationThe registration of a trade mark gives the owner the exclusive right to prevent others from using that...

9th Apr

In-house

Practice notes

Trade marks tracker

Jump to: What does IP completion day mean for intellectual property?; Legislation; Judgments; Consultations. For archived items on trade marks, see...

9th Apr

Practice notes

Elements of passing off—misrepresentation

Passing off is a common law tort which protects rights that are not capable of registration or are difficult to register as trade marks (eg colours,...

9th Apr

Practice notes

Tax issues and incentives arising from assignment and licensing of IP

The UK has two approaches to taxing IP transactions:•the corporate intangibles tax rules: these apply to IP created or acquired by a company on or...

Produced in partnership with Anne Fairpo of Temple Tax Chambers 9th Apr

Practice notes

Getting the Deal Through: Right of Publicity 2020

Jurisdictions coveredThe following jurisdictions are covered in this report:Canada; Germany; Greece; India; Mexico; Russia; Spain; United Kingdom;...

9th Apr

Precedents

Affidavit in support of an application for a search order

Filed on behalf of the Applicant/[Claimant OR intended Claimant][insert initials and surname of deponent]Number of affidavit: [insert the number of...

9th Apr

Practice notes

Trade mark coexistence agreements

This Practice Note provides practical guidance on trade mark coexistence agreements, detailing when these might be used and key points to consider...

9th Apr

Practice notes

IP focused guide to the fashion industry

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with DLA Piper 9th Apr

Practice notes

Intellectual Property Enterprise Court—practical points on case management

Introduction to the Intellectual Property Enterprise CourtThe Intellectual Property Enterprise Court (IPEC) is a specialist list of the Intellectual...

Produced in partnership with Angela Fox of Maucher Jenkins 9th Apr

Practice notes

IP and the luxury goods sector

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Baker McKenzie LLP 9th Apr

Practice notes

Trade mark litigation—pre-litigation

This Practice Note is part of a series of Practice Notes summarising the main stages in High Court trade mark litigation. It focuses on: the steps to...

Produced in partnership with Baker McKenzie 9th Apr

Practice notes

Trade mark infringement and interim injunctions

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with CMS 9th Apr

Practice notes

Remedies for trade mark infringement

This Practice Note outlines the civil remedies available in the UK to the proprietor of a UK trade mark, a comparable trade mark (EU) or a comparable...

9th Apr

Practice notes

Trade marks tracker [Archived]

ARCHIVED: This Practice Note has been archived and is no longer maintained. It contains closed legislative proposals, published judgments and closed...

9th Apr

Practice notes

Commercial use of fonts and typefaces

Typefaces are a key component of a brand’s identity, using a unique typeface helps a business to distinguish itself from its competitors. Many...

Produced in partnership with Jessica Stretch 9th Apr

In-house

Practice notes

Survey and witness evidence in trade mark and passing off cases

This Practice Note summarises some of the legal and practical issues associated with the use of survey evidence and witness evidence in trade mark and...

Produced in partnership with Amanda McDowall of CMS and Sarah Wright of CMS 9th Apr

Practice notes

IP enforcement and the EU customs regime

This Practice Note considers Regulation (EU) 608/2013 (the Customs Regulation), which replaced Regulation (EC) 1383/2003. This Practice Note:•examines...

Produced in partnership with Baker McKenzie 9th Apr

Practice notes

Absolute and relative grounds for refusal to register a trade mark

Absolute and relative groundsA trade mark’s essential function is to be a badge of origin. It distinguishes the goods and services of one undertaking...

9th Apr

Practice notes

Unconventional trade marks

Originally authored by James Whymark, updated by Rachel Wilkinson-Duffy and Birgit Clark of Baker & McKenzie LLP, LondonA UK trade mark is defined by...

9th Apr

Practice notes

Trade mark litigation—starting proceedings and statements of case

This Practice Note is part of a series of Practice Notes summarising the main stages in High Court trade mark litigation. It focuses on the initial...

Produced in partnership with Baker McKenzie 9th Apr