Trade mark and passing off disputes

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Rome II—application and interpretationThis Practice Note is for use when determining applicable law in respect of events giving rise to damage, where...
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19th May
Practice notes
Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...
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Produced in partnership with Adam Cygan of University of Leicester 19th May
Practice notes
The Red Bus case or Temple Island Collections v New English Teas was decided in the, as it was then, Patents County Court (PCC) in January 2012 and...
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Produced in partnership with Boyes Turner LLP 19th May
Practice notes
Protection for performersThis Practice Note summarises the rights known as performers’ rights which subsist in the UK under Part II of the Copyright,...
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19th May
Q&As
Can the board of a co-operative and community benefit society (a registered society) delegate powers to any third party, and can the registered...
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19th May
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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19th May
Practice notes
Rome Convention—introduction and interpretation [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.The UK is no longer...
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19th May
Practice notes
Intellectual Property Enterprise Court—practical points on case managementIntroduction to the Intellectual Property Enterprise CourtThe Intellectual...
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Produced in partnership with Angela Fox of Maucher Jenkins 19th May
Practice notes
Patent assignment and licensingThe Patents Act 1977 (PA 1977) treats patents and patent applications as personal property rights. Rights in...
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19th May
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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Produced in partnership with JJ Shaw of Lewis Silkin LLP, Alex Kelham of Lewis Silkin LLP and Rob Meredith CTA of PKF Francis Clark 19th May
Practice notes
Business and Property CourtsCoronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures...
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19th May
Practice notes
Requirements of the company sealThis Practice Note provides practical guidance regarding the requirements of the company seal. Where a company has a...
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19th May
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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19th May
Practice notes
ScopeThis Practice Note explains trade mark law on parallel trade. Parallel imports, or ‘grey market’ goods, are genuine goods that are placed on the...
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Produced in partnership with Taylor Wessing LLP 19th May
Practice notes
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...
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Produced in partnership with Boyes Turner LLP 19th May
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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19th May

Most recent Trade mark and passing off disputes content

Practice notes
Elements of passing off—damagePassing off is a common law tort which protects rights that are not capable of registration or are difficult to register...
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3rd Sep
Practice notes
Trade mark infringementRights conferred by a trade mark registrationThe registration of a trade mark gives the owner the exclusive right to prevent...
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3rd Sep
Practice notes
Trade mark litigation—pre-litigationThis Practice Note is part of a series of Practice Notes summarising the main stages in High Court trade mark...
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Produced in partnership with Baker McKenzie 3rd Sep
Practice notes
Trade mark infringement and interim injunctionsIP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time...
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Produced in partnership with CMS 3rd Sep
Practice notes
Remedies for trade mark infringementThis Practice Note outlines the civil remedies available in the UK to the proprietor of a UK trade mark, a...
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3rd Sep
Practice notes
Threats of trade mark infringement—pre 1 October 2017 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. This Practice...
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3rd Sep
Practice notes
Defences and exceptions to trade mark infringementThis Practice Note refers to both UK trade mark registrations and EU trade mark (EUTM) registrations...
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3rd Sep
Practice notes
Introduction to passing offUnlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from...
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3rd Sep
Practice notes
Elements of passing off—goodwillPassing off is a common law tort which protects rights that are not capable of registration or are difficult to...
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3rd Sep
Practice notes
Intellectual Property Enterprise Court—costs capping in practiceBackgroundThe Intellectual Property Enterprise Court (IPEC) is a specialist list of...
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Produced in partnership with Angela Fox of Maucher Jenkins 2nd Sep
Precedents
Claim form (trade mark infringement and passing off)—the contentsThe purpose of the claim formA claim form is the document used to start proceedings....
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Produced in partnership with Andrew Bowler of Bristows, Sean Ibbetson of Bristows and Lucie Fortune of Bristows 26th Aug
Precedents
Final order (trade mark infringement and passing off)Case No. [insert claim number]IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF...
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Produced in partnership with Andrew Bowler of Bristows, Sean Ibbetson of Bristows and Lucie Fortune of Bristows 24th Aug
Precedents
Reply and defence to counterclaim (trade mark infringement and passing off)Case No. [insert claim number]IN THE HIGH COURT OF JUSTICE BUSINESS AND...
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Produced in partnership with Andrew Bowler of Bristows, Sean Ibbetson of Bristows and Lucie Fortune of Bristows 23rd Aug
Precedents
Defence and counterclaim (trade mark infringement and passing off)Case No. [insert claim number]IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY...
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Produced in partnership with Andrew Bowler of Bristows, Sean Ibbetson of Bristows and Lucie Fortune of Bristows 19th Aug
Precedents
Particulars of claim (trade mark infringement and passing off)Case No. [insert number]IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF...
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Produced in partnership with Andrew Bowler of Bristows, Sean Ibbetson of Bristows and Lucie Fortune of Bristows 19th Aug
Practice notes
Linking on the webThis Practice Note explains the manner in which intellectual property (IP) and other rights apply in the context of linking on the...
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Produced in partnership with Toby Headdon of Bristows 19th Aug
Practice notes
Avoiding trade mark infringement and passing off claimsThis Practice Note refers to both UK trade mark registrations and EU trade mark (EUTM)...
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Produced in partnership with Boyes Turner LLP 16th Aug
Q&As
How do I tackle cybersquatting?Main conceptCybersquatting involves a party registering an existing brand name (or something confusingly similar) as a...
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16th Aug
Practice notes
ICANN—New Generic Top Level Domain Program and brand protectionThis Practice Note provides an introduction to Internet Corporation for Assigned Names...
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Produced in partnership with Emily Taylor of Oxford Information Labs 16th Aug
Practice notes
CybersquattingThis Practice Note provides an introduction to cybersquatting, covering:•What is cybersquatting?•What cybersquatting is not•Preventing...
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Produced in partnership with Emily Taylor of Oxford Information Labs 16th Aug

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