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Intellectual Property
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Intellectual Property: Trade Marks - Goodwill
In Newman Ltd v Adlem (2005), the Court of Appeal held that there was a duty on the seller of a business not to undermine the goodwill attached to that business (if included in the sale) even after the non-competition covenants in the sale agreement had expired. Goodwill is an intangible asset valued according to the advantage or reputation a business has acquired.
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Intellectual Property Law - Trade Mark Infringement - What is the Overall Impression?
The recent case of Wistbray Ltd v Creative Nature Ltd (2005) emphasises that the Court will look at the overall impression of a sign to determine whether it infringes a trade mark.
Section 10 of the Trade Marks Act 1994 provides, so far as is material: '(2) A person infringes a registered trade mark if he uses in the course of trade a sign where because.(b) the sign is similar to the trade mark and is used in relation to goods or services identical with or similar to those for which the trade mark is registered, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the trade mark '.
The claimant company, Wistbray Ltd, was the registered proprietor of a UK registered trade mark 'DRAGONFLY' in Class 30 in respect of teas. It was also the registered proprietor of a European Community registered trade mark for 'DRAGONFLY', combined with a logo of a dragonfly in silhouette in Class 30 in respect of teas. Wistbray had been using the trade marks for the sale of teas since September 2000 and had an annual turnover of about ?1 million.
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How to Work With Your Intellectual Property Lawyer
Intellectual property law is a daunting challenge to even the most seasoned business person. How does one choose the right way to protect your most coveted assets; your intellectual property? Here are a few pointers that can help.
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Intellectual Property
Intellectual property (IP) is a valuable asset to companies in the biotech, life sciences, healthcare, medical technology and related industries. Utility patents are often the most valuable IP belonging to small and emerging companies.
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Copyright, ISBN & More
Do I have to copyright my book before I send it to a publisher? What if a publisher steals my work?
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Intellectual Property – Trade Mark Infringement – Advertisement
In Wolters Kluwer Ltd v Reed Elsevier Ltd (2005), the claimant published online seminar services for accountants under a service called CCH Seminars Online. The material for the service was provided by Online Tutors until July 2005, when this relationship was terminated. Online Tutors was engaged by the defendant to provide material for a competing service called Tolley’s Seminars Online.
In the 21 July 2005 edition of the magazine called Taxation, the defendant advertised its online tax and accountancy seminars and declared that it was the same service as that of the claimant's. The defendant also advertised that they would offer subscribers of CCH Seminars use of Tolley’s Seminars Online free of charge until expiry of the CCH Seminars subscription.
The claimant objected to these advertisements and sought a correction notice. The defendant issued a notice making it clear that CCH was continuing with its own service. The claimant was unsatisfied with this notice and objected requesting a further correction notice on the grounds that the notice still sought to rely on the claimants name and reputation to try to divert customers to the defendant’s competing service.
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Is Your Domain Name Safe From Theft?
Hundreds of thousands of trademark protected domain names get stolen every year. Is your domain name safe from cyberquatters, pornosquatters and other cyber-leaches?
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Data Protection - Database Right For Sales Agencies
A ruling by the High Court has resulted in new case law governing sales agencies with regard to database rights. Where a sales agency has built up a database of customer details, they will now own a database right in that database in the event that there is not an agreement with another party as to the ownership of that database.
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Understanding Patent Database Behavior For Better Patent Search
Extracting information from huge datasets, based on keyword search is actually a challenging job. Patent databases contains millions of patent records and when it come to patent search to find out the relevant patent literature in a specified technology area, its really interesting but annoying too. Thus patent searching is very important in an organization. It's very crucial of technology companies as well as service providers. Since removing irrelevant patents during analysis, will cost time, thus affect the productivity and even the satisfaction of the clients.
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Domain Names - A Market of Great and Growing Importance
The sale of domain names generated $29 million in 2005, with increasing numbers each year after that. Domain names transactions involve large amounts money, and the market for them is quickly becoming one of the most important in the new century. Domain name arbitration is not the only way to ensure that URL's go to whom they should.
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