Posts Categorized: Intellectual Property

How Do I Enforce My Copyright?

Copyright is a right that exists as soon as you create the copyright material. You do not have to apply for it. There are some exceptions to copyright, but unless one of these applies, anyone else using your material without your permission is infringing your copyright. The damages receivable for breach of copyright depend on… Read more »

High Court Stamps on Online Trade in Fake Luxury Goods

In popular myth, the Internet is as lawless as the Wild West – but one important High Court case has strikingly revealed that the law can take very effective steps to block wholesale infringement of valuable trade marks online. The proprietors of trade marks in luxury brands of watches and pens, Cartier and Montblanc, objected… Read more »

£490,000 Damages Awarded for Racing Brakes Patent Infringement

Intellectual property (IP) rights are fiercely protected by the courts, and the consequences of breaching them can be severe indeed. In one case, a company which profited from infringing a patent in respect of a novel type of calliper used in racing car disc brakes was ordered to pay more than £490,000 in damages. The… Read more »

Small Businessman Beats BMW in Internet Domain Names Dispute

In the area of intellectual property (IP) law, the small firm has every chance of defeating the megacorporation, especially as regards ownership of domain names.   In one case, which underlined the potential costs of failing to register Internet domain names appropriate to your business or products, a small businessman came out on top in a… Read more »

Kit Kat Shape Not a Trade Mark?

The law of intellectual property is seldom simple or without surprises. In 2014, the High Court decided that the ‘corrugated’ shape of the Kit Kat chocolate bar, whilst unremarkable in itself, had acquired a ‘distinctive character’ by way of use over time and hence could be registered as a trade mark by the Nestlé company… Read more »

Counterfeit Goods Couple to Forfeit £1.5 Million

Too many people, buying or selling a ‘knock-off copy’ of a branded item may seem a relatively minor matter but, given that brand owners invest billions of pounds annually in promoting their brands, it is unsurprising that the law which protects their rights is stringent. Nowhere is the problem more acute than when fake designer… Read more »

Cost of Brand Investment Not Reasonable, Rules Court

An intellectual property decision which surprised some when it was made in 2014 has been reversed by the Court of Appeal. It involved the importer and distributor of a branded pharmaceutical product which had an exclusive licence to use the product’s brand name in the UK. The manufacturer of the product sells it in several… Read more »

Crocodile Handbag Owner Scores Victory for Individual Rights

Rules may be rules, but their rigid application by the state, without consideration of individual circumstances, is unlawful. In a case which illustrated the point, a woman whose designer crocodile-skin handbag was seized by the UK Border Force (UKBF) has scored a triumph over officialdom. The $3,400 tote bag, which was hand-crafted in Japan, was… Read more »

Too Similar Trade Mark Proves Costly

To regular renters of cars, the stylised ‘e’ in the logo of Europcar will be readily recognisable. With its brand reinforced by an extensive recent television advertising campaign, the Enterprise Rent-a-Car ‘e’ logo will also be familiar to many. The similarities between the two, once Europcar started in 2012 to make much increased use of… Read more »