Trade marks/passing off

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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
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
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
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
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
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
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 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
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 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
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
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
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 12th Jan
Practice notes
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...
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9th Nov
Practice notes
Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or...
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9th Nov
Practice notes
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...
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9th Nov

Most recent Trade marks/passing off content

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
Typefaces are a key component of a brand’s identity, using a unique typeface helps a business to distinguish itself from its competitors. Many...
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Produced in partnership with Jessica Stretch 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
Trade mark rights before and after BrexitThe purpose of this Practice Note is to summarise, at a glance, the various different trade mark rights...
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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
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...
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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...
Read More >
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...
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Produced in partnership with Baker McKenzie 9th Apr
Practice notes
ARCHIVED: This archived Practice Note provides information on the Digital Economy Act 2010 and early s 97A website blocking. This Practice Note is for...
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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
Character merchandising is the practice of licensing the name or likeness of a (usually fictitious) character for use in the marketing of goods or...
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Produced in partnership with Pat Treacy of Bristows and Aimee Brookes of Bristows 9th Apr
Precedents
This Deed is made on [insert date]Parties1[insert name] [of OR a company incorporated in [England and Wales] under number [insert registered number]...
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6th Apr
Precedents
This Agreement is dated [insert date]Parties1[insert name] [of OR a company incorporated in [England and Wales] under number [insert registered...
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6th Apr
Precedents
This Assignment is made as a deed on [date].Parties1[Assignor], a company incorporated in [England and Wales] with company number [insert number] and...
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Produced in partnership with Andrew Evans and Sheena Sheikh Brown of Fieldfisher LLP 6th Apr
Practice notes
Law and guidance on BPR 2008This Practice Note summarises the law, guidance and practice relating to the Business Protection from Misleading Marketing...
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1st Apr
Q&As
What IP rights are there?Most businesses will be familiar with the main IP rights of trade marks, patents, design rights and copyright. However, many...
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Produced in partnership with Robert Cumming of Appleyard Lee 26th Mar
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 25th Mar

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