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.

FAQ: Intellectual Property Protection

This is a guide to intellectual property protection

The Verve Intellectual Property Case: A Bittersweet Example

Intellectual property's tentacles are long and strong. Maybe the largest battlefield in IP is the music industry. Composer, producers, interpreters and license owners might get unexpectedly involved in legal battles regarding the misuse or abuse of a song of their property. Sometimes it is just something as little as a sample of the song but are legal frictions can deal with millions and millions of dollars.

Trademarks: When and How to Search and File Trademark Applications

A trademark can be any word, slogan, design, symbol, or even a color, smell, product configuration or a combination of these, used to identify the source of origin of particular goods and services. The trademark serves as a source identifier of your goods and services, to distinguish it from the goods and services of others.

5 Ways to Protect Your Idea-for Less than $30

Every day thousand upon thousands of ordinary people become inventors. They devise new ideas, improve old ones, and enhance the world around them. But they all have one thing in common. The vast majority will never act on their idea because they can not afford the cost for a Utility patent. When you consider that the average cost for a strong Utility patent is around $5,000 it is no wonder.

Intellectual-Property - We Should Know The Scope And Nature

The scope and nature of Intellectual property has expanded. Software and database need protection. Laws vary from jurisdiction to jurisdiction. WTO and TRIPS enabled laws to harmonise the situation.

Patent- How Well Protected Are The Patent Holders?

How well are we, the patent holder, protected? For twenty years, patent holders are protected, they say. Exclusive rights have the right to sue an infringer.

Trade Secrets Experts - Two Circuits, Two Outcomes

Two recent rulings from federal circuit courts reviewing expert testimony in trade secrets cases reached very different results, with one circuit upholding admission of the testimony and the other finding that the testimony was sufficiently harmful to require a new trial. Taken together, the two cases shed light on the allowable boundaries for expert testimony in trade secrets litigation

PPC Ads Face A New Trademark Limitation

A federal court ruled last week that it is not only a trademark violation any longer to use another company’s trademark to deceive search engine users in the paid ad headline. The court has further ruled, that you can not purchase a trademark as a keyword to bring up your paid listing on Google, Yahoo, MSN and other search engines.

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.

What Is International Copyright Law?

Many people are surprised to learn there is no international copyright law. Yes, that is right. There is not an international copyright law that will protect your work on the other side of the world. However, it is important to note that most countries do offer some form of protection known as “foreign” works.

When Does Copyright Expire On My Music?

The expiration date on your copyrighted music isn't something you have to worry about, at least not in your lifetime. The music that you've written is copyrighted the moment you've put it onto paper or recorded it. The reason you don't have to worry about expiration is because the music is protected until 70 years after the death of the author. In the case of your music, that author would be you.

Everything You Need to Know About Trademarks and Fair Use

Everything You Need to Know About Trademarks and Fair Use

Identity Theft Shield

We live in an information-oriented society. Technology allows us to do business and make transactions literally in a matter of seconds. This abundance of information has given rise to a new crime - i...