Trade Marks

Setting up a new business is certainly an exciting endeavour. Entrepreneurs are by and large enthusiastic and ambitious about their chosen sector. However, despite gaining valuable experience in, or thoroughly researching the relevant industry, the legal pitfalls of starting a new business are often overlooked. Here are our top tips to get your new business […]

For some time now, owners of copyright in films and music have been able to ask the court to order internet service providers (ISPs) to prevent access to websites which make available unauthorised copies of their material. A recent judgment means that trade mark owners can now do the same. The case was brought by […]

The ALS Association has raised a staggering income of $100m over the past four weeks from Ice Bucket Challenges. These are the highly amusing fundraising challenges which began in the USA and have gone viral thanks to the likes of social media sites such as Facebook and Twitter. The ALS Association funds research into amyotrophic […]

In a previous blog, we looked at the case of Société des Produits Nestlé SA –v- Cadbury UK Ltd (2012), in which the High Court allowed Cadbury’s application to register as a trade mark the particular colour purple that has become associated with their brand. That decision has now been overturned by the Court of […]

In order to establish a claim in passing off, a Claimant requires to show they have the necessary goodwill or reputation, that there has been a misrepresentation to the public (which may or may not be intentional) which leads the public to believe that the goods or services offered are those of the Claimant and […]

When a wealthy and powerful firm takes offence at the use of a trade mark small firms are placed in a tricky situation. Do they stand firm or, in fear of being sued, do they back down? In a recent case the little guy won. The Austrian company Red Bull claimed that a small Norfolk […]

Under the Trade Marks Act 1994, a trade mark cannot be registered if it does not satisfy certain prescribed requirements, including that it must be a ‘sign’ and be capable of being represented graphically. A trade mark can also not be registered if it is devoid of distinctive character, unless before the date of the […]

It is not uncommon for businesses to spend substantial sums on marketing, but there are dangers involved in using a marketing campaign which aggressively targets a competitor by reference to its trade marks. Businesses should be aware that the Courts will not allow them to “ride on the coat tails” of others or build unfairly […]

The NBA has found itself a new fairytale in the form of Jeremy Lin, a 6ft 3in point guard who is a decedent of the lesser known basketballing nation of Taiwan. In a matter of weeks Lin went from a basketball player twice cut by other NBA teams, sleeping on his brother’s sofa, to achieving […]

A long time ago in a film studio far, far away movie history was made as the phenomenally successful Star Wars saga began. The Lucasfilm empire has made billions of pounds from the films themselves and associated merchandise. Over 30 years since the first chapter began, Lucasfilm found themselves fighting for their intellectual property rights […]

Trade mark Infringement The use of certain signs or symbols in the course of trade is strictly regulated by law.  Well known examples of these signs or symbols include the “golden arches” of MacDonalds and the word “APPLE” in relation to electronic products. In fact the nature of these signs or symbols extends further than […]