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Posts under ‘Intellectual Property’

‘It’s an App, App, ‘Appy Day!’

The Law is an App.

At least, trade mark law now is…

Three days ago, we launched our first mobile application for iPhone and Blackberry:  NameSearch TM Legal.

namelogo+

If you are reading this on an iPhone or BB, you can download the App free from the above link.

You can also read the review in the AppStore.

namesearch for iPhoneNameSearch TM Legal helps you protect your trade marks, business names, product names, logos and brands and is designed as a resource tool for brand consultants, creative agencies, designers, NPD specialists, marketing executives and entrepreneurs.

Musings on a Mediation

Picture the Scene

Our defendant clients had been involved in long-running proceedings involving complex copyright issues.  There were 10 parties involved in the proceedings some with cross claims against each other.

The legal issues were numerous and complex and the contentions that would have to be determined in court included: Who was the true copyright owner? Had there been joint authorship? Had there been copying? If so, what was the precise extent of the copying? Was similar ‘look and feel’ enough to establish copying? To what extent did the judgment in Navitaire Inc –v- Easyjet (No3) 1725 (Ch) (2005) ECC30 impact on the issues? The question of the personal liability of directors for any infringements by their companies would also have to be adjudicated as well as some very opaque issues of fact.

Business Legal Security: 50 Point Check-list

business-legal-advice 

This is a non-exhaustive 50 point checklist designed to help you avoid some very common legal pitfalls and maximise the legal security of your business.

  1. Make sure that legal ownership assets used in the business are actually owned by the business.
  2. Get written copyright assignments from designers, authors, software and web developers and appropriate warranties of originality.
  3. Check the terms and conditions of third party suppliers of services to ensure you legally own any deliverables they create.
  4. Do not rely on a terminable licence for key business assets; take an assignment or a perpetual royalty-free licence.

Pitcher’s, Pimm’s – Match Point?

pitchers-pimms-1Well?  What is one to think?

“Pitcher’s, Pimms, Passing Off…” –  sounds like a hopscotch chant!

Sainsbury’s takes on major supplier Diageo with what might be considered to be a knock-off copy of its iconic Pimms’ brand and at the height of the thirsty Britsh summer. Same bottle shape, same label silhouette, same label lay-out same ‘san serif’ font, same colour….same ‘get-up’?

Archbishop Passing Off is already robing up behind the drinks counter to enter the unholy fray with his ‘holy trinity’ of Reputation, Confusion and Damage but who will survive the refining fire of this test?