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Intellectual Property Copyright Infringement Design Rights
The case of Landor and Hawa International Ltd v Azure Designs Ltd (CA) [2006], involved a dispute over the design of a type of suitcase. The claimant company had been designing, importing and selling travel bags and suitcases since 1985. In June 2002, the managing director produced a design for an expanding section ("the Expander Design") which was to be incorporated into hard shell-style suitcases. Suitcases incorporating the Expander Design were then produced and sold in the UK and abroad. ...
Rosanna Cooper
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Intellectual Property Trade Mark Infringement Advertisement
In Wolters Kluwer Ltd v Reed Elsevier Ltd (2005), the claimant published online seminar services for accountants under a service called CCH Seminars Online. The material for the service was provided by Online Tutors until July 2005, when this relationship was terminated. Online Tutors was engaged by the defendant to provide material for a competing service called Tolleys Seminars Online. In the 21 July 2005 edition of the magazine called Taxation, the defendant advertised its...
Rosanna Cooper
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Copyright, ISBN & More
Do I have to copyright my book before I send it to a publisher? What if a publisher steals my work?
Janet Litherland
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Intellectual Property Trade Mark Infringement Figurative Community Trademark
In the case of Sportwetten GmbH Gera v the Office for Harmonisation in the Internal Market ("OHIM") (2005), it was held that the registration of a Community trade mark was not contrary to public policy or public morality. On 11 January 1999, OHIM published a figurative mark incorporating the word INTERTOPS in respect of Class 42: bookmakers and betting services of all kinds. Sportwetten GmbH was the proprietor of the trade mark INTERTOPS SPORTWETTEN, registered in Germany in respect of the...
Rosanna Cooper
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Patents, Trademarks, Copyrights, Trade Secrets Protect Your Invention!
Patent numbers are issued sequentially, beginning with the number one. Patent number one was issued to Samuel Hopkins on July 31,1790. It took 75 years for the United States Patent and Trademark Office (USPTO) to issue patent number 1,000,000. Patent number 7,000,000 was issued February 14, 2006. It took only seven years for the USPTO to move from issuance of patent number 6,000,000 to 7,000,000.
Geoff Ficke
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Intellectual Property Community Trade Marks Likelihood of Confusion
In GfK AG v Office for Harmonisation in the Internal Market (OHIM) (2005), a company's application for a community trade mark was rejected on the grounds that there was a likelihood of confusion with a previously registered German trade mark. On 15 November 1999, the applicant applied for a Community Trade Mark (CTM) for the mark "Online Bus" in Class 35 in respect of drawing up statistics in the fields of economics, marketing, market research and market analysis, business...
Rosanna Cooper
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Intellectual Property Patentability of Computer Programmes - Exclusions
Patenting computer programmes
Rosanna Cooper
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Intellectual Property: Patents Drafting with Reasonable Care and Skill
In the case of Unilin Beheer BV v Berry Floor NV and Ors, Information Management Consultancy Ltd, B&Q plc (2005), the courts ruled that the faulty drafting of a patent application did not amount to lack of reasonable care and skill. Unilin, the claimant, applied for a patent for a floor covering and the application succeeded. Unilin then became aware of prior art which made it necessary for it to amend the patent application by reducing the scope of the main claim. Unilin also amended the...
Rosanna Cooper
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Protecting Intellectual Property
Devices such as copyrights, trade secrets, patents, trade/service marks are very helpful for preventing the unauthorized use or distribution of your products. However, if someone really wants to pirate your products, they will.
Tim Bryce
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Intellectual Property: Community Trade Marks Registration Refusal Likelihood of Confusion
In Alcon Inc v Of Office for Harmonisation in the Internal Market (OHIM) [2005], a mark was refused registration because the public was likely to confuse the mark with another similar mark.
Rosanna Cooper
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