A User S Guide To Trade Marks And Passing Off

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A User's Guide to Trade Marks and Passing Off, 4th edition focuses on the current law relating to the protection of registered trademarks and certain related rights including registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and Passing off. There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together. Includes the following case law: Illustrative cases such as Lush, Scrabble, Starbucks, Glee Club and Jack Wills; Cadbury and what it means for registering colours as trade marks; How to tackle survey evidence after Interflora; Greek yoghurt continuing the Vodkat line of passing-off cases; Specsavers - Europe's view on the effect of using elements not included in a trade mark registration. Contents: 1. Introduction; 2. What is a trade mark? 3. Other kinds of mark; 4. Absolute grounds for refusal; 5. Relative grounds for refusal of registration; 6. Classification; 7. UK procedure for the registration of a trade mark; 8. Application procedure before the OHIM; 9. International conventions; 10. Representation; 11. Invalidity; 12. Revocation; 13. Ownership of and dealings with trade marks; 14. Infringement; 15. Defences, disclaimers and limitation; 16. Comparative and misleading advertising; 17. Remedies; 18. Groundless threats; 19. Criminal offences; 20. Passing off.

Product Details :

Genre : Law
Author : Nicholas Caddick
Publisher : Bloomsbury Publishing
Release : 2015-01-01
File : 661 Pages
ISBN-13 : 9781780436852


A User S Guide To Trade Marks And Passing Off

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BOOK EXCERPT:

Focuses on the current law relating to the protection of registered trademarks and certain related rights. This includes registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and passing off. There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together. Individual topics covered include: Kit-Kat - when can 3D shape marks benefit from 'acquired distinctiveness'? Whether colours may form part of 3D shape marks - Louboutin Infringement by 'wrong way round' confusion Limitations on the own-name defence Calculation of damages, and the availability of blocking injunctions

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Genre : Law
Author : Nicholas Caddick KC
Publisher : Bloomsbury Publishing
Release : 2021-12-20
File : 742 Pages
ISBN-13 : 9781526511560


A User S Guide To Intellectual Property In Life Sciences

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Life Sciences is one of the most innovative and complex areas of law. It is currently undergoing a period of intense transformation, with companies facing an ever-increasing level of regulation as well as strict cost management in order to remain competitive and profitable. The latest in "A User's Guide to..." series it covers life sciences in relation to: - patents - copyright - trade marks; and - data protection The book covers UK law with references to significant EPO cases. A key part of the book is the coverage of case law. Case studies and detailed analysis of the key cases, eg the Kymab mouse case, the human genome sciences case, and the pregabalin case feature heavily helping to put this often complex area of law into context. Where appropriate and for comparison purposes, approaches of key foreign jurisdictions are summarised and for ease of use there are clearly signposted. A key text for practitioners specialising in life sciences and intellectual property in general and patents officers dealing with life sciences applications.

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Genre : Law
Author : Paul England
Publisher : Bloomsbury Publishing
Release : 2021-04-08
File : 877 Pages
ISBN-13 : 9781526511775


International Encyclopedia Of Information And Library Science

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The International Encyclopedia of Information and Library Science was published to widespread acclaim in 1996, and has become the major reference work in the field. This eagerly awaited new edition has been fully revised and updated to take full account of the many and radical changes which have taken place since the Encyclopedia was originally conceived. With nearly 600 entries, written by a global team of over 150 contributors, the subject matter ranges from mobile library services provided by camel and donkey transport to search engines, portals and the World Wide Web. The new edition retains the successful structure of the first with an alphabetical organization providing the basic framework of a coherent collection of connected entries. Conceptual entries explore and explicate all the major issues, theories and activities in information and library science, such as the economics of information and information management. A wholly new entry on information systems, and enhanced entries on the information professions and the information society, are key features of this new edition. Topical entries deal with more specific subjects, such as collections management and information services for ethnic minorities. New or completely revised entries include a group of entries on information law, and a collection of entries on the Internet and the World Wide Web.

Product Details :

Genre : Reference
Author : John Feather
Publisher : Routledge
Release : 2003-09-02
File : 722 Pages
ISBN-13 : 9781134513208


A Guide To Trade Mark Law And Practice In Ireland

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BOOK EXCERPT:

Introducing the practice and procedure of trade marks in Ireland and at the EU Intellectual Property Office (EUIPO), this book steers clear of confusing legal jargon, explaining the main trade mark principles clearly and concisely. Several new chapters have been added to the Second Edition, addressing topics such as trade mark searching, online infringement and trade mark protection post-Brexit. Recent Irish legislation is also covered: - European Union (Trade Marks) Regulations 2018 (SI 561/2018) - Trade Marks (Amendment) Rules 2018 (SI 562/2018) - Trade Marks Act 1996 (Community Trade Mark) (Amendment) Regulations 2018 (SI 563/2018) - Trade Marks (Amendment) Rules 2019 (SI 588/2019 and 628/2019) - Copyright and Other Intellectual Property Law Provisions Act 2019 - Public Health (Standardised Packaging of Tobacco) Act 2015 Notable authorities are also considered, such as: - Galway Free Range Eggs Ltd v O' Brien and Ors [2016] IEHC 249 - Nutrimedical BV & anor v Nualtra Ltd [2016] IEHC 261; [2017] IEHC 253 - Aldi v Dunnes Stores [2019] IESC 41 - Cartier International & Ors v British Sky Broadcasting Limited & Ors [2014] EWHC 3354 (Ch), [2016] EWCA Civ 658 and [2018] UKSC 28 - Sky Ltd & Ors v Skykick UK Ltd & Anor [2020] EWHC 990 (Ch) and [2021] EWCA Civ 1121 - Aviareto Ltd v Global Closing Room Ltd [2021] IEHC 377 This is an indispensable guide for lawyers, those working in the area of IP, candidates intending to sit the Trade Mark Agent exam at the Intellectual Property Office of Ireland, sole traders, entrepreneurs and anyone wanting to protect their brand. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.

Product Details :

Genre : Law
Author : Helen Johnson
Publisher : Bloomsbury Publishing
Release : 2023-05-11
File : 937 Pages
ISBN-13 : 9781526517678


A User S Guide To Patents

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A User's Guide to Patents, Fifth Edition provides guidance on the areas of European and UK patent law and procedure that are most important in day-to-day practice. This new edition sets out how patents can be obtained, exploited and enforced and addresses wider public policy aspects of patents and their economic significance, as well as past and likely future trends that affect legal practitioners. It is essential reading for IP practitioners, solicitors and barristers, patent attorneys, in-house lawyers, management executives and inventors. Unique selling points: Explains how patents can be exploited and enforced by reference to the most recent UK and EPO case law Identifies and discusses the different patent law issues that can arise in specific industrial sectors Full tabulation of all English patent validity and infringement decisions given after full trial since 1997 Addresses wider public policy aspects of patents and their economic significance, as well as past and likely future trends in the field, both in Europe and internationally The following relevant developments are included: The new UK law as to infringement by equivalents following Actavis v Lilly (UKSC 2017) The degree to which new types of plant, produced by using certain modern biotechnological techniques, can be patented in the light of the exclusion for 'products obtained by essentially biological processes' and the ongoing controversy as to this between the EPO, the EPO Boards of Appeal and the EU The developing case law in the UK and the EPO on plausibility in the context of insufficiency and obviousness The Unjustified Threats Act 2017 and other procedural developments, such as those involving Arrow type declarations of obviousness Developments in standards related patent litigation, as in Unwired Planet v Huawei (Patents Court 2017, CA 2018)

Product Details :

Genre : Law
Author : Trevor Cook
Publisher : Bloomsbury Publishing
Release : 2019-07-12
File : 944 Pages
ISBN-13 : 9781526508690


A User S Guide To Copyright

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A User's Guide to Copyright, Seventh Edition is long established as one of the key texts in the field. Renowned for its practical, user-friendly and authoritative approach and for its practical application to the main copyright using industries, the book is considered essential reading for legal practitioners, copyright law students and - crucially - for those working in the copyright using industries. Extensively cross-referenced to cases, legislation and leading texts and articles, this book clearly and effectively illustrates and explains the scope and relevance of copyright law in the new digital information era. Legislation and case law includes: WIPO Treaties; Number of EU Directives; Enterprise and regulatory Reform Act 2013; Football Association Premier League case (CJEU (C-403/08)); Infopaq (C-302/10); Public Relations Consultants Association v The Newspaper Licensing Agency (C-360/13); ITV v TVCatchup (C-607/11); Da Vinci Code case – Baigent v Random House; Fisher v Brooker 2009 UKHL 41 – the Whiter Shade of Pale case.

Product Details :

Genre : Law
Author : Michael Flint
Publisher : Bloomsbury Publishing
Release : 2017-12-21
File : 567 Pages
ISBN-13 : 9781526504913


A Practical Guide To Trade Mark Law

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The fourth edition of this legal guide for advisers of housing associations and housing association tenants provides comprehensive coverage of this area of law. It incorporates wide-ranging changes in law and policy, including the shift towards a more holistic approach

Product Details :

Genre : Intellectual property
Author : Amanda Michaels
Publisher : Sweet & Maxwell
Release : 2002
File : 468 Pages
ISBN-13 : 0421747609


Commercialising Celebrity Persona

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This book investigates the commercialisation of celebrity persona in the UK, New York, and California. Interviews with 68 practitioners across the advertising, merchandising, film, and video game industries provide insight on the differences in approaches across jurisdictions, as well as the similarities caused by non-legal factors. Furthermore, the book addresses the developments in technology, social media, and social norms that have made collaboration attractive to maintain favour with fans. The book considers how the extension of passing off in the UK to include persona rights impacts the dispute resolution and transactional spheres involved in the commercialisation of persona. It compares the industry landscape to that of the US where the right of publicity has been recognised since 1953 and has gone as far as to protect 'identity'. The book argues that nonlegal factors significantly impact the commercialisation of persona across the jurisdictions and interact with the law to encourage permission-based behaviours. However, there remains a divergence in the dispute resolution sphere. Anyone who is interested in the multi-million dollar business of celebrities as assets will benefit from this book.

Product Details :

Genre : Law
Author : Emma Perot
Publisher : Bloomsbury Publishing
Release : 2023-09-07
File : 245 Pages
ISBN-13 : 9781509966110


A User S Guide To Trade Marks And Passing Off

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BOOK EXCERPT:

The second edition of this comprehensive text has been fully revised and expanded and includes chapters on the common law protection for trade marks rights and UK and EC competition law. These chapters incorporate the tort of passing off, rights and remedies under the Trade Descriptions Act, the Rules of the Advertising Standards Association, the Restrictive Trade Practices Act, the Competition Act and the Treaty of Rome. Expert analysis is given on all affected key issues such as registration, infringement, assignment and licensing, offering everything the busy trade mark specialist needs to know.

Product Details :

Genre : Fraud
Author : Julian Gyngell
Publisher :
Release : 1998
File : 611 Pages
ISBN-13 : 0406895945