Intellectual Property and Technology

"Stop infringing my IP" - The danger of making unjustified threats

24/06/2008

Many businesses fail to appreciate that, just because they own an intellectual property right, such as a registered trade mark or a patent, that does not give them free reign to complain to their competitors, and their competitor's customers, that products and services that they are selling infringe their IP rights.

Celebrity offspring's right to privacy

20/06/2008

The right to privacy came before the Court of Appeal in the recent case of David Murray -v - Big Pictures (UK) Limited. The Court had the opportunity in the case to consider the tensions between Article 10 of the European Convention on Human Rights (the "Convention") which provides for freedom of expression and Article 8 which provides for respect for private and family life, home and correspondence.

You've been Branded

17/06/2008

In what will come as very welcome news to every Marketeer, Advertising Executive, PR Consultant and Brand Manager in the land, a ruling today of the European Court of Justice has decreed that businesses still have legal protection over how their brands are presented.

The "spiky balls" case

02/05/2008

Is Your Brand Name Properly Protected?

19/03/2008

Many clients approach our firm for advice after learning that a competitor has launched a rival business, product or service under the same or a very similar brand name to that used by them. Understandably, they want to be able to stop them. Unfortunately, we often have to advise them that they cannot do so, because they don't have a registered trade mark for the brand name in issue.

National Consumer Council calls for OFT investigation on software licenses

27/02/2008

The National Consumer Council has claimed that many of the standard terms used by software providers in their licenses are unfair and fail to comply with UK consumer protection law, and has called on the Office of Fair Trading to investigate.

Mediation - What is it? Can it be used to resolve IP disputes?

18/02/2008

The traditional way of resolving IP disputes is via litigation through the Courts. However, in some circumstances it may be more appropriate to mediate an IP dispute.

Patent Litigation - 5 "Legal" Tips to Consider

15/02/2008

How Ashfords can help your business to choose a new brand name, logo or corporate identity

14/02/2008

When choosing a new brand name, logo or corporate identity, many businesses overlook the legal aspects.

Trade marks and the fashion, clothing and footwear industries - lessons we can learn

17/01/2008

The fashion, clothing and footwear industries are of crucial importance to Europe's economy.

Design Right Infringement Case finds Managing Director jointly liable

27/12/2007

A recent dispute concerning a commercial collaboration in the defence sector has highlighted the importance of being aware of Design Rights and your rights and obligations when collaborating with others.

Trade marks and 'threatening' letters

26/11/2007

Upon discovering the use of their trade mark (or a confusingly similar trade mark) by an unlicensed third party, the immediate reaction of many registered trade mark owners is to telephone or write to the third party, threatening proceedings for registered trade mark infringement unless they cease using the trade mark.

10 Frequently Asked Questions about IP Disputes in England

26/11/2007

Preparing for IP Litigation - "getting your ducks in a row"

23/11/2007

Before threatening or commencing legal proceedings involving any IP right or claim, a potential claimant should prepare thoroughly. The following are some of the issues that a potential claimant and, in some cases, a potential defendant, should bear in mind before deciding to threaten, commence, or defend, IP litigation.

5 Top 'Legal' Tips when choosing a new Brand Name or Logo

23/11/2007

Intellectual property - a basic guide

23/11/2007

'Intellectual property rights', otherwise known as 'IP rights', protect innovative ideas, products, processes, designs, brands and concepts.

Protecting Your Product Designs

12/11/2007

A recent Court of Appeal decision has once again highlighted the importance of taking steps to prevent innovative product designs from being copied by competitors.

Money for Nothing and Your Click-throughs for Free

09/11/2007

Radiohead recently made their latest album available for online download. What makes Radiohead's online album release unusual is that it is up to the person downloading the album to decide how much they are willing to pay for it.

Negotiating and Drafting a Contract

22/07/2007

The recent case of Proforce Recruit Ltd v The Rugby Group Ltd [2007] EWHC1621 has reinforced the well-established principle that, save in exceptional cases, the meaning of a word, phrase, or clause used in a contract will be interpreted without giving consideration to what the parties said in their negotiations leading up to the contract, or their declarations of subjective intent.

The Agency Minefield : How is Compensation calculated on Termination?

12/07/2007

It is reasonably well known that the 1994 Commercial Agents Regulations provide legal protection for self employed agents who sell products on behalf of someone else. Under these regulations, agents can claim compensation on termination of the agency relationship and pay outs can be substantial.

Can I register this as a trade mark?

17/06/2007

A recent trade mark appeal case has once again highlighted the fact that every day, ordinary descriptive words and expressions cannot be registered easily as UK or Community trade marks. The case is a helpful reminder that when traders are deciding what brand names to use for their goods and services they need to consider whether they will be able to get trade mark registrations for those brand names - and thus to be able to prevent other traders from using those brand names for their goods and services.

The 'Da Vinci Code' Case - Part II: Not copied

02/04/2007

This case captured the public interest because it concerned a copyright dispute concerning the now infamous novel 'The Da Vinci Code' ("DVC"), written by Dan Brown and published by Random House. This novel has been a worldwide publishing success and was last year made into a major Hollywood movie.

Patent Law: Are computer programs patentable?

23/03/2007

On 13 March 2007, the Patents Court delivered its first ruling on Patents Act exclusions since the joint Court of Appeal cases of Aerotel and Macrossan in October last year.

"Do our employees own the inventions they make ...

19/03/2007

or, as their employer, do we?" This is a question often asked by employers when seeking legal advice. The Court of Appeal has recently handed down some useful guidance on this point, in the case of LIFFE Administration and Management -v- Pavel Pinkava and De Novo Markets Limited.

Are You Engaged in Unfair Commercial B2C Practices?

16/03/2007

The new Unfair Commercial Practices Directive (the Directive) will regulate business to consumer (B2C) dealings that affect the economic interests of consumers across the EU.

Copyright does not protect mere generalised 'ideas' ...

15/03/2007

- only the form in which an idea is expressed This well established legal principle has been once again been confirmed by the Court of Appeal in the recent case of Nova Productions Limited -v- Bell Fruit Games Limited.

McKennitt Appeal: Right To Privacy Trumps the Right To Publish

31/01/2007

The Court of Appeal has confirmed and endorsed the judgment of Mr. Justice Eady in the Loreena Mckennitt v Niema Ash case.

A "Special" Trade Mark and its effects

23/01/2007

Readers will recall that, in April 2006, the Vice Chancellor of the High Court held that a person may be prevented from litigating issues before the English Courts in trade mark disputes which have been, or should have been, dealt with in previous trade mark opposition proceedings before the UK Trade Marks Registry.

Common Sense Breaks out this Christmas

11/12/2006

With the season of goodwill almost upon us and school Christmas nativity plays and concerts in full swing this week, many parents, grandparents and family friends will be relieved to learn that they aren't breaking any laws by photographing or videoing their children's star performances.

First Review of the UK Intellectual Property System for 20 Years

08/12/2006

Following much industry speculation the Gowers Review of Intellectual Property was made available to the public on the 6 December 2006 as part of Gordon Brown's Pre-Budget Report. This report was commissioned by Gordon Brown in 2005, and was set up to review the UK Intellectual Property (IP) system and, where appropriate, to make recommendations for improvements.

Don't abuse your IP rights!

30/11/2006

When Quads4Kids were blocked by eBay from selling their children's dirt-bikes on eBay's website, the company was told that a Dr Colin Campbell had used eBay's VeRO service to allege that the company's dirt-bikes infringed his Community registered designs.

Unregistered design right protection

27/11/2006

Owning unregistered design rights (both at a UK and a Community level) enables the creators of original designs for the visual appearance of products to prevent those designs from being unlawfully copied by unlicensed third party imitators.

New Case Law on Software and Business Method Patents

15/11/2006

There has been a long running debate over whether software and business methods are patentable.

ICSTIS Code of Practice

05/10/2006

ICSTIS (the Independent Committee for the Supervision of Standards of Telephone Information Services) is the regulatory body for premium rate services. The Committee aims to protect consumers and has set standards for the promotion and content of premium rate services in the UK through a Code of Practice.

Major Report Due Soon - The Gowers Review

03/10/2006

This autumn, Andrew Gowers is expected to deliver his report following his independent review of the UK's law and procedure governing intellectual property rights.

New Case Law on Software and Business Method Patents

30/09/2006

There has been a long running debate over whether software and business methods are patentable.

Five Top "Legal" Tips when choosing a new brand name or logo

22/08/2006

Trade marks and 'threatening' letters

22/08/2006

Upon discovering the use of their trade mark (or a confusingly similar trade mark) by an unlicensed third party, the immediate reaction of many registered trade mark owners is to telephone or write to the third party, threatening proceedings for registered trade mark infringement unless they cease using the trade mark.The danger in doing so, is that they may leave themselves open to being sued for making an 'unjustified threat'.

Important Change to Examination of UK Trade Mark Applications

03/08/2006

The UK Trade Marks Registry has announced a significant change to the UK trade mark registration system.

Top Ten 'Legal' Tips when Setting up a Website

31/07/2006

A general guide to the valuation of Intellectual Property

01/07/2006

Intellectual property rights and other intangible assets have the potential for creating enormous wealth. However, the challenges in proving ownership and of securing a robust revenue stream from exploiting IP can be greater than when dealing with tangible assets (e.g. land, stock, machinery etc).

Apple v Apple: Why the music is still playing

16/05/2006

This case has generated a great deal of press interest, not least because of the famous brand names involved, but also due to the impact that this High Court litigation could have had on Apple's iTunes website.

The truth behind 'The Da Vinci Code': Original or Copied?

27/04/2006

The long awaited judgment in the case of Michael Baigent and Richard Leigh v The Random House Group Ltd (2006) has finally been handed down.

Copyright and Commissioned Third Party Works - A Legal Minefield

18/04/2006

The scenario You have an idea.

Parallel Imports and Registered Trade Marks

18/04/2006

A registered trade mark allows the owner to prevent third parties from using the trade mark in respect of the goods for which the trade mark is registered.

A 'Special' Trade Mark - and its effects

31/03/2006

O2's bubbles are burst

21/03/2006

In a landmark trade mark infringement case, O2 failed to convince an English High Court judge that Hutchinson 3G should be prevented from using visual images of bubbles similar in appearance to those used and registered as trade marks by O2. The case highlights the reluctance of the English Courts to prevent competitors engaging in robust comparative advertising campaigns.

A Close Shave

03/02/2006

The 1994 Trade Marks Act introduced into English law the possibility of registering the shape of goods as a trade mark. Under previous registration this had not been possible.

Best Kept Secret: A Right to Privacy

31/01/2006

In 1997, when Canadian folk-artist Loreena McKennitt produced her globally successful album 'Book of Secrets', it is unlikely that she realised just how prophetic the title would turn out to be.

The New "Dot EU" Domain Name

09/01/2006

New internet address which could be as important as the "dot com" address