26 January 2015 Intellectual Property DisputesLeigh Ellis
The High Court recently considered a claim bought by Thomas Pink, a well-known quality shirt maker, against Victoria’s Secret’s UK operations, relating to the trade mark infringement case of Thomas Pink’s “PINK”.
Electronic databases are protected by database rights and copyright. These two types of protection have similarities in that protection is given as soon as the database is created. However, they differ in the extent of protection, for example how much of the database can be protected and how long it will be protected for.
One of the ways in which a holder of an unregistered trademark right can be protected is under the law of passing off. There are three main criteria which needs to be established before one of the remedies available under passing off is given.
It is essential for designs to be registered so that they can be protected under intellectual property law. To gain as much protection as possible, one must apply for their design to be registered not only in the UK, but internationally. One way is by filing an application for a Registered Community Design.
Following a decision in 2012, the second-hand software market is developing. This is at odds with the wishes of software houses, because sales of second hand software means less sales of new software.
19 August 2014 Confidential Information & Trade Secrets Disputes
The general law of confidential information provides legal recourse against those who disclose secrets to others in confidence and where the recipient subsequently divulges that information to someone else. It also extends to companies which have in turn been passed the information by the original confidant, and applies in relation to trade secrets, sensitive commercial information and all forms of intellectual property rights.
The case of Oracle America is applicable where businesses have been found to import goods from different jurisdictions for the purpose of reselling them within the European Union. The case concerned a computer hardware supplier who purchased disk drives from a computer system manufacturer for the purpose of importing them. The decision in this case set a precedent regarding parallel imports.
Intellectual property licensing enables use of intellectual property to be lawful; without a license, use will be an infringement of the owner’s rights. Provisions in an intellectual property license can be negotiated to agree the scope of the licence and duration, amongst other terms. We discuss the benefits of applying for a license to both owners and users of intellectual property and what disadvantages may arise.
Small and medium sized businesses face a greater risk of cybercrime and online fraud than larger enterprises. In this article, we discuss why smaller businesses are being targeted, how cyberattacks can be avoided using effective monitoring and the steps that should be taken if you discover that your business is at risk.
14 October 2013Updated: 23 March 2015 Litigation & DisputesLeigh Ellis
In this quick guide to the Intellectual Property Enterprise Court, we discuss some of the distinctive characteristics of the specialist Court and why many small and medium sized businesses can benefit from the streamlined procedure and financial limitations imposed to assert and enforce IP claims.
Intellectual Property Disputes Leigh Ellis
The High Court recently considered a claim bought by Thomas Pink, a well-known quality shirt maker, against Victoria’s Secret’s UK operations, relating to the trade mark infringement case of Thomas Pink’s “PINK”.
Information Technology
Electronic databases are protected by database rights and copyright. These two types of protection have similarities in that protection is given as soon as the database is created. However, they differ in the extent of protection, for example how much of the database can be protected and how long it will be protected for.
Passing Off
One of the ways in which a holder of an unregistered trademark right can be protected is under the law of passing off. There are three main criteria which needs to be established before one of the remedies available under passing off is given.
Designs Law
It is essential for designs to be registered so that they can be protected under intellectual property law. To gain as much protection as possible, one must apply for their design to be registered not only in the UK, but internationally. One way is by filing an application for a Registered Community Design.
Terms of Contracts
There are many considerations to be made when businesses intend on entering negotiations for an intellectual property license.
Trade Mark Law Leigh Ellis
Trade mark infringement can be proved when a business uses similar or identical designs to designs which are already registered trademarks.
Commercial & Business Law
Following a decision in 2012, the second-hand software market is developing. This is at odds with the wishes of software houses, because sales of second hand software means less sales of new software.
Confidential Information & Trade Secrets Disputes
The general law of confidential information provides legal recourse against those who disclose secrets to others in confidence and where the recipient subsequently divulges that information to someone else. It also extends to companies which have in turn been passed the information by the original confidant, and applies in relation to trade secrets, sensitive commercial information and all forms of intellectual property rights.
Intellectual Property Disputes
The case of Oracle America is applicable where businesses have been found to import goods from different jurisdictions for the purpose of reselling them within the European Union. The case concerned a computer hardware supplier who purchased disk drives from a computer system manufacturer for the purpose of importing them. The decision in this case set a precedent regarding parallel imports.
Software Leigh Ellis
Intellectual property licensing enables use of intellectual property to be lawful; without a license, use will be an infringement of the owner’s rights. Provisions in an intellectual property license can be negotiated to agree the scope of the licence and duration, amongst other terms. We discuss the benefits of applying for a license to both owners and users of intellectual property and what disadvantages may arise.
Fraud David Wheeler
Small and medium sized businesses face a greater risk of cybercrime and online fraud than larger enterprises. In this article, we discuss why smaller businesses are being targeted, how cyberattacks can be avoided using effective monitoring and the steps that should be taken if you discover that your business is at risk.
Litigation & Disputes Leigh Ellis
In this quick guide to the Intellectual Property Enterprise Court, we discuss some of the distinctive characteristics of the specialist Court and why many small and medium sized businesses can benefit from the streamlined procedure and financial limitations imposed to assert and enforce IP claims.