Trade mark and passing off disputes

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Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
This Practice Note describes and explains the Uniform Domain Name Dispute Resolution Policy (UDRP) process and covers:•Application of the UDRP•Purpose...
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Produced in partnership with Emily Taylor of Oxford Information Labs 12th Jan
Practice notes
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...
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Produced in partnership with Jessica Stretch 12th Jan
Practice notes
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...
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9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
IP laws are almost always national in nature. However, there are many conventions and treaties under which nations agree to provide minimum levels of...
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9th Nov
Practice notes
Introduction to infringementA patent owner has to prove two elements before it can secure an infringement finding (and then an injunction, damages,...
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9th Nov
Practice notes
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...
Read More >
9th Nov
Precedents
Option 1—deed executed by a company under its common seal (model articles, where the authorised signatory is an...
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9th Nov
Practice notes
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...
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9th Nov
Precedents
1 Intellectual property rights indemnity 1.1 The Supplier shall defend the Customer against any third party claim that...
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9th Nov
Practice notes
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,...
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9th Nov
Practice notes
Background to semiconductorsA semiconductor is essentially any material which has electrical conductivity and can thus either conduct, or conversely,...
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Produced in partnership with Greg Burke of RPC, Paul Joseph of RPC and Sophie Tuson of RPC 12th Jan
Practice notes
This Practice Note covers the legislative framework, as well as case law, relating to infringement of registered and unregistered designs. For...
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9th Nov
Precedents
Month means a calendar month; Close This is a suggested definition for the term 'month', which...
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9th Nov

Most recent Trade mark and passing off disputes content

Q&As
In this Q&A we have limited our research to cover common issues a product brand owner should be concerned with when contracting with retailers from a...
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16th Apr
Practice notes
This Practice Note explains the manner in which intellectual property (IP) and other rights apply in the context of linking on the web, with specific...
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Produced in partnership with Toby Headdon of Bristows 13th Apr
Practice notes
Rights conferred by a trade mark registrationThe registration of a trade mark gives the owner the exclusive right to prevent others from using that...
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9th Apr
Practice notes
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,...
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9th Apr
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Canada; Germany; Greece; India; Mexico; Russia; Spain; United Kingdom;...
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9th Apr
Practice notes
Introduction to the Intellectual Property Enterprise CourtThe Intellectual Property Enterprise Court (IPEC) is a specialist list of the Intellectual...
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Produced in partnership with Angela Fox of Maucher Jenkins 9th Apr
Practice notes
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...
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Produced in partnership with Baker McKenzie 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with CMS 9th Apr
Practice notes
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...
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9th Apr
Practice notes
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...
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Produced in partnership with Amanda McDowall of CMS and Sarah Wright of CMS 9th Apr
Practice notes
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...
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Produced in partnership with Baker McKenzie 9th Apr
Practice notes
This Practice Note provides an introduction to Internet Corporation for Assigned Names and Numbers (ICANN), and looks at options for brand protection...
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Produced in partnership with Emily Taylor of Oxford Information Labs 9th Apr
Practice notes
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,...
Read More >
9th Apr
Practice notes
BackgroundThe ability to block websites is within the power of the internet service providers (ISPs) who provide the service of connecting users to...
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Produced in partnership with Daniel Byrne of AA Thornton 9th Apr
Practice notes
BackgroundThe Intellectual Property Enterprise Court (IPEC) is a specialist list of the Intellectual Property List (Chancery Division) which is...
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Produced in partnership with Angela Fox of Maucher Jenkins 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
Produced in partnership with Emily Taylor of Oxford Information Labs 9th Apr
Practice notes
This Practice Note is part of a series of Practice Notes summarising the main stages in High Court trade mark litigation. It covers the Intellectual...
Read More >
Produced in partnership with Baker McKenzie 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
Produced in partnership with Sarah Hadland of S.H. & Associates 9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Read More >
Produced in partnership with David Knight of Fieldfisher LLP 9th Apr
Practice notes
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...
Read More >
Produced in partnership with JJ Shaw of Lewis Silkin LLP, Alex Kelham of Lewis Silkin LLP and Rob Meredith CTA of PKF Francis Clark 9th Apr

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