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

Q&As
Originals or counterfeitIn this instance the relevant guidance will vary depending on whether the goods in question are genuine originals or...
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16th Mar
Q&As
Use noticesThere is no legal requirement to use trade mark notices but it may help to deter would be infringers. It is a good idea to the ® symbol...
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16th Mar
Q&As
What are parallel imports?Parallel imports typically occur when branded goods are imported into the European Economic Area (EEA) from countries where...
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16th Mar
Precedents
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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16th Mar
Precedents
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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16th Mar
Practice notes
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,...
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Produced in partnership with Boyes Turner LLP 16th Mar
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 >
16th Mar
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 Squire Patton Boggs 16th Mar
Precedents
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 >
16th Mar
Precedents
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 >
16th Mar
Precedents
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 Baker McKenzie 5th Mar
Practice notes
Establishment and function of the Company Names TribunalThe Company Names Tribunal (the Tribunal) was established pursuant to the Companies Act 2006...
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Produced in partnership with Penningtons Manches Cooper 5th Mar
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 Taylor Wessing LLP 5th Mar
Practice notes
This Practice Note summarises the application and purpose of the law of unjustified threats in the UK. Anyone writing or sending a letter or other...
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Produced in partnership with Ailsa Carter and John Coldham of Gowling WLG 5th Mar
Precedents
[Infringer name and address][Date]Dear [insert organisation name]Letter of claim—passing off: [Subject]We are writing on behalf of [name and address...
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4th Mar
Precedents
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 Andrew Bowler Sean Ibbetson and Lucie Fortune of Bristows LLP 4th Mar
Precedents
[Alleged infringer’s name and address][Date]Dear [insert organisation name][[UK OR EU] Trade mark registration number [insert number(s)]]We are...
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4th Mar
Precedents
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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4th Mar
Q&As
If starting infringement proceedings is not your day job, the following points may help reduce exposure to common pitfalls when litigation is...
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2nd Mar
Precedents
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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1st Mar

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