Trade mark and passing off disputes

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Trade mark and passing off disputes guidance:

Litigation is an expensive and time consuming process. While there may be occasions when tactically it makes sense to litigate, it is generally best avoided. Trade mark...

Practice Note

A growing proportion of retail sales are taking place online. Many consumers purchase goods via online marketplaces, such as Amazon, eBay and Alibaba. National boundaries...

Practice Note

Some of the world's most visited sites such as eBay, Alibaba, Facebook and Twitter have faced criticism from some brand owners for their failure to police IP...

Practice Note

This Practice Note examines the likely impact of Brexit on IP rights. It deals with key issues that may affect the owners of trade marks, design rights, copyright and...

Practice Note

Businesses seeking to prevent competitors gaining an unfair advantage through the use of misleading advertisements or copycat products have to rely on a combination of...

Practice Note

Many businesses wish to promote their goods or services by reference to those of a competitor to gain a commercial advantage. For example, a business may seek to...

Practice Note

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

Practice Note

The purpose of this practice note is to provide an introduction to cybersquatting. It covers: • What is cybersquatting? • What cybersquatting is not • Preventing...

Practice Note

The registration of a trade mark gives the owner the exclusive right to prevent others from using that mark, or a similar mark, without their consent. A trade mark owner...

Practice Note

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, get-up and...

Practice Note

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, get-up...

Practice Note

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, get-up and...

Practice Note

Click here to download the latest Right of publicity 2019 report, published by Getting the Deal Through. Jurisdictions covered The following jurisdictions are covered in...

Practice Note

Click here to download the latest Trademarks 2018 report, published by Getting the Deal Through. Jurisdictions covered The following jurisdictions are covered in this...

Practice Note

Click here to download the latest Trademarks report 2020, published by Getting the Deal Through. Jurisdictions covered The following jurisdictions are covered in this...

Practice Note

The Internet Corporation for Assigned Names and Numbers (ICANN) oversees the domain name system which historically had around 20 generic top-level domains (gTLD) such as...

Practice Note

This Practice Note sets out the areas of law relevant to the related issues of image rights, false endorsement and merchandising. Currently, there is no single law of...

Practice Note

Background The Intellectual Property Enterprise Court ( IPEC ) is a specialist list of the Intellectual Property List (Chancery Division) which is intended to provide...

Practice Note

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

Practice Note

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

Practice Note

What is 3D printing? Conventionally objects have been made by casting in a mould or by machining material from a block of steel, wood or the like or some combination of...

Practice Note

This Practice Note compares patents, supplementary protection certificates (SPCs), trade secrets, copyright, database rights, design rights, trade marks and causes of...

Practice Note

This Practice Note explains the manner in which intellectual property and other rights apply in the context of linking on the web, with specific regard to the perspective...

Practice Note

The use of metatags and keyword advertising is legal, but has led to litigation where website owners have used the trade marks of competitors as keywords to divert web...

Practice Note

Scope This Practice Note explains trade mark law on parallel trade. Parallel imports, or ‘grey market’ goods, are genuine goods that are placed on the market by, or with...

Practice Note

Introduction STOP PRESS: This Practice Note is being reviewed in light of legislative amendments which will come into force in China on 1 November 2019. For more...

Practice Note

This Practice Note outlines the civil remedies available to the proprietor of a UK trade mark or EU trade mark (EUTM) registration for trade mark infringement. For more...

Practice Note

This Practice Note provides an overview of the key stages of a trade mark infringement action. Trade mark infringement proceedings are brought in the Intellectual...

Practice Note

STOP PRESS: This Practice Note is being reviewed as part of our routine quality control processes and in light of the High Court’s judgment of 4 October 2019 in Glaxo...

Practice Note

Establishment and function of the Company Names Tribunal The Company Names Tribunal (the Tribunal) was established pursuant to the Companies Act 2006 (CA 2006). Under the...

Practice Note