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Trade Mark and Design Searches
20 May 2019Whenever a new launch is proposed, whether it is for a product, brand, business name or an advertising campaign, there is always a risk that someone else is already using an identical or a similar name or design. If so, then that party may be entitled to obtain an immediate injunction from the court to prevent the launch and obtain damages for trade mark, design right or copyright infringement and/or passing off.
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Trade Marks in the United States
20 May 2019Trade mark rights in the United States arise from use of a trade mark, not registration. However, a registration acts as a public record of your trade mark, and places other possible users of the same or confusingly similar marks that you already holds rights in the trade mark throughout all fifty states. Whilst registration is not mandatory in the United States, registration is highly recommended; proving the existence of unregistered rights in your trade mark is difficult, very expensive, and at best, can show rights only in those States where you can show you have actively used the trade mark.
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Trade Mark and Design Services
20 May 2019The IP, brand, trade mark and portfolio management team at Lewis Silkin comprises more than 50 lawyers and trade mark attorneys along with specialist support personnel.
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International Trade Marks
20 May 2019Whilst there is no single trade mark registration that covers the entire world, knowledge of the various regional and international filing systems means that global protection can be achieved with greater ease and less expense than filing national trade mark applications in each country.
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Brand Clearance Guide
20 May 2019A practical guide to brand clearance including details on the range of searches available (such as trade mark searches, strapline searches, common law searches and domain name searches), information on budgeting for clearance and general strategic advice.
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European Union Trade Marks
20 May 2019A European Union trade mark (“EUTM”) is a single trade mark registration that provides trade mark protection in 28 of the European Union territories. This will change to 27 territories if/when the UK leaves the EU.
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UK Trade Marks
20 May 2019A trade mark registration for a business, brand or product name, a logo, slogan or other trade mark provides a business with the most effective form of protection against a competitor making improper use of its trade mark. Whilst a trade mark might be capable of being protected through other areas of the law, such as passing off, copyright or design right, registering a trade mark has a number of important benefits.
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European Union Trade Mark Opposition Procedure
21 May 2019The European Union trade mark (“EUTM”) opposition procedure is a process that enables third parties to prevent EUTM applications from achieving registration in certain circumstances.
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New gTLD domain
21 May 2019In one of the most far reaching developments to effect the internet since its creation, in January 2012 ICANN will start the process of releasing potentially hundreds of top level domain names for use by brand owners or as generic references. This presents unparalleled opportunities and risks for all brand owners, and only the best prepared are likely to meet those challenges.
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Trade Mark and Domain Name Watch Services
21 May 2019There is a temptation for trade mark owners to breathe a sigh of relief as they eventually file their trade mark applications. It is often the culmination of months of work searching for any prior rights and perhaps investigating, negotiating, cancelling or acquiring such rights. It is an end, but only to the beginning of a brand’s lifecycle. Once the application is filed, this is when the brand protection programme begins in earnest.
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UK Trade Mark Opposition Procedure
21 May 2019The opposition procedure is a process that enables third parties to prevent trade mark applications from achieving registration in certain circumstances.
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Court of Appeal rules on liability of overseas co-workers for whistleblowing
21 May 2019In an unusual case of whistleblowing detriment brought by an overseas employee against two co-workers also based overseas, the Court of Appeal (“CA”) has ruled that the Employment Tribunal (“ET”) has no jurisdiction to hear the claim in relation to personal liability of the co-workers, because they were outside the scope of British employment law.
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Voluntary overtime must be included in holiday pay if sufficiently regular and settled
12 June 2019The Court of Appeal (“CA”) has confirmed that the Working Time Directive (“WTD”) requires voluntary overtime to be included in holiday pay if it is sufficiently regular and settled to amount to normal remuneration. On the wording of their NHS contracts, the claimants were also entitled to have both compulsory and voluntary overtime included in their holiday pay.
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Pensioner sues Wolverhampton Wanderers over design of logo
13 June 2019Wolverhampton Wanderers Football Club have succeeded in defending a copyright claim in which the claimant contended that he designed their distinctive wolf head logo over 40 years ago.
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The EU gets Transparent and Predictable
14 June 2019The EU’s Transparent and Predictable Working Conditions Directive - long in the gestation – is on the brink of becoming law. We look at what it means.
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Court of Appeal decides that unions do not have a veto during collective bargaining
17 June 2019The Court of Appeal (“CA”) has ruled that offers made directly by an employer to its employees in relation to pay and working hours did not amount to an unlawful attempt to bypass collective bargaining contrary to section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”). S.145B is only engaged if the employer’s purpose is to stop employees’ terms of employment from being determined by collective agreement on a permanent basis.
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Protests against LGBT teaching at Birmingham Primary School
20 June 2019The Public Sector Equality Duty provides that public authorities have a duty to eliminate discrimination, harassment and victimisation whilst advancing equality of opportunity and fostering good relations between people who share a relevant protected characteristic and people who don’t share it. Primary schools in advancing LGBT rights and fostering good relations have been met with protests and demonstrations which Birmingham City Council sought to restrain by injunction.
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UK CAC upholds the relocation of European Works Council arrangements to Ireland due to Brexit
21 June 2019The Central Arbitration Committee (“CAC”) has ruled that multinational companies headquartered outside of the European Union are not prohibited from relocating their European Works Council (“EWC”) arrangements from the UK in anticipation of Brexit. Relocation does not undermine employees’ information and consultation rights and is in accordance with the fundamental EU law principle of freedom of establishment.
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The EU adopts a work-life balance directive
21 June 2019The Directive, which brings in new rights for carers and working parents, must be implemented in all EU member states by the middle of 2022. We look at what it means for employers.
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Discrimination because of a perceived disability is unlawful confirms Court of Appeal
26 June 2019The Court of Appeal has found that it is unlawful to discriminate against a person because of a mistaken perception that they have a progressive condition which would make them unable to perform the full functions of the role in future.