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
What is the problem?In an intellectual property (IP) claim, it is often difficult to predict quantum at the time the claim is issued.Why does the...
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Produced in partnership with Daniel Byrne of AA Thornton 8th Jan
Q&As
In this Q&A we have focussed on UK and EUTM Trade Mark rules.We have limited this Q&A to cover:•cases which are not classed a ‘class heading’ case...
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Produced in partnership with Ashley Roughton of Ipchambers.eu 8th Jan
Q&As
Sublicences in contract lawContract law generally allows a licensee to sublicense their contractual rights and obligations, unless the agreement...
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Produced in partnership with Joanne Frears of Lionshead Law Ltd 8th Jan
Q&As
The law of passing off can protect addresses or property names provided goodwill has attached to that name or address. While customers may need more...
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Produced in partnership with Professor Philip Johnson of Cardiff Law School 8th Jan
Q&As
What is the problem?In an intellectual property (IP) claim, it is often difficult to predict quantum at the time the claim is issued.Why does the...
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Produced in partnership with Daniel Byrne of AA Thornton 8th Jan
Q&As
For the purposes of this Q&A, we are referring to oppositions in respect of UK trade mark applications and/or EU trade mark applications.An earlier...
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Produced in partnership with Professor Philip Johnson of Cardiff Law School 8th Jan
Q&As
Formalities for assignment of a registered trade markPursuant to section 24(3) of the Trade Marks Act 1994(TMA 1994), the assignment of a UK trade...
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24th Dec
Q&As
A word mark is a type of trade mark.A trade mark is a sign used to distinguish the goods and services of one undertaking from those of another. In...
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24th Dec
Q&As
On the interaction between intellectual property and competition law see Practice Notes:•Trade mark assignment and licensing•Competition law and...
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29th Nov
Q&As
This Q&A covers the situation where the trade mark licence under consideration is in writing.BackgroundTrade marks can be directly exploited by the...
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29th Nov
Q&As
Goodwill—what do I need to know about existence and ownership?Goodwill is a broad concept which can be defined as the benefit and advantage of the...
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29th Nov
Q&As
Trade marksWe refer you initially to Trade mark transactions and management—overview which explains:‘A trade mark’s essential function is to be a...
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29th Nov
Q&As
Basic conceptMost people are familiar enough with the idea that owning tangible property, such as a car or some land, carries with it some rights,...
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29th Nov
Q&As
InvestigateTry to establish the full extent of infringing acts as soon as possible; consider trap purchases, on-site visits and online research. Is...
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29th Nov
Q&As
There are two forms of passing off (original and extended). Your question sits under the original 'classical trinity' form as laid down in Reckitt v...
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29th Nov
Precedents
Withholding taxes Licensor-friendly—gross-up clause 1 Any sum payable under this [agreement] shall be paid free and clear of...
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26th Sep
Precedents
Withholding taxes Assignor-friendly—gross-up clause 1 Any sum payable under this [agreement] shall be paid free and clear of...
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26th Sep

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