Trade marks/passing off

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Comment—EU-UK Trade and Cooperation Agreement’s Northern Irish complexities augur shifting UK supply chains

The following Commercial news provides comprehensive and up to date legal information on Comment—EU-UK Trade and Cooperation Agreement’s Northern Irish complexities augur shifting UK supply chains

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The following Banking & Finance news provides comprehensive and up to date legal information on Retained EU law—a guide for the perplexed

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The following IP news provides comprehensive and up to date legal information on IP weekly highlights—14 January 2021

The last English court ruling on EU design rights (Rothy’s Inc v Giesswein Walkwaren AG)

The following IP news provides comprehensive and up to date legal information on The last English court ruling on EU design rights (Rothy’s Inc v Giesswein Walkwaren AG)

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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 marks tracker

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

15th Jan

Practice notes

EU trade marks (EUTMs)

What is an EU trade mark and why register one?An EU trade mark (EUTM) registration is a single trade mark covering all EU Member States.An EUTM is...

15th Jan

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...

15th Jan

Practice notes

Parallel imports

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 Taylor Wessing LLP 15th Jan

Practice notes

Avoiding trade mark infringement and passing off claims

This Practice Note refers to both UK trade mark registrations and EU trade mark (EUTM) registrations and includes references to both UK and EU case...

Produced in partnership with Boyes Turner LLP 14th Jan

Practice notes

Trade mark litigation—costs and timetable

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 14th Jan

Practice notes

Trade mark assignment and licensing

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

13th Jan

Practice notes

Unjustified threats of intellectual property right infringement

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 Ailsa Carter and John Coldham of Gowling WLG 13th Jan

Practice notes

IP—new starter trade marks guide

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

13th Jan

Practice notes

Brexit—IP rights

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

13th Jan

Brexit

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 13th Jan

Practice notes

Business Protection from Misleading Marketing Regulations 2008

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

13th Jan

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 13th Jan

Practice notes

Anti-counterfeiting and anti-piracy

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 Squire Patton Boggs 13th Jan

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...

13th Jan

Practice notes

IP issues in 3D printing

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 David Knight of Fieldfisher LLP 13th Jan

In-house

Practice notes

Creating an effective anti-counterfeiting strategy

Anti-counterfeiting work is an area in which costs can quickly spiral out of control and success can be difficult to measure. In tough economic times,...

Produced in partnership with Boyes Turner LLP 13th Jan

Practice notes