Posts under ‘trade mark’

L’Oreal v eBay Court of Justice decision

Back in 2009 eBay won a court case against L’Oreal over the sale of counterfeit goods on its website. The High Court in the UK ruled that the online marketplace, eBay, was not responsible for fake goods being sold on its website, but that it should do more to help prevent any trademark infringement.   The case was [...]

Intellectual Property Rights – Build And Protect Now To Profit Later

A key to differentiating a business is having an offering or a way of doing business that is unique to you, so you stand out from your competitors.  See my personal blog for differentiating a law firm Your differentiating proposition effectively says to consumers that buying from you will give them a specific benefit. This [...]

APP STORE – Trade Mark Challenge Spreads to EU

We have been keeping an eye on developments in the dispute over the APP STORE mark.  A new chapter in this interesting saga has begun. The challenge against Apple is bringing in more supporters and expanding to other jurisdictions. To recap, in our first blog we explained how Microsoft applied to the US Patent and [...]

Twitter names and trade marks

How safe is your twitter account username? Today I discovered that Twitter transferred the account #girlgeeks to the trade mark owner of the name even though the latter had only registered a logo mark incorporating the words (see image) a year ago.  A logo mark does not give exclusive rights over the word mark. What’s [...]

Is My Domain Name a Trademark and Should I File a Trademark Application to Protect It?

In deciding whether to file a trademark application to protect your domain name, the first step is to determine whether you use your domain name as a trademark.  If your domain name is only used as the Uniform Resource Locator (“URL”) (i.e., http://www.example.com) to indicate an address on the World Wide Web, then you are [...]

Yoga and Copyright – Stretching Boundaries

Yoga is an increasingly popular form of exercise involving the performing of a series of postures for health benefits. These postures named asanas originate thousands of years ago from India. But, as within religion, different schools evolve and branch out often attributed to the life’s work of a particular individual. Bikram Choudry who opened his [...]

Trademark registration – White label virtual department

As explained in this press release we saw a need to offer a ‘virtual trade mark registration’ service for law firms due to the SRA Conduct Rules 8 and 9 (which prohibit fee sharing with non lawyers and regulate referral fees). So, if a law firm’s clients need a trademark it is not straightforward for [...]

Niche Firms for Legal Process Outsourcing and White Labelling

Last week Azrights announced the launch of its trademark registration white labelling solution for law firms.  It is the first comprehensive trademark white labelling service for UK law firms. UK Regulatory considerations The impetus behind it was the Solicitors’ Code of Conduct Rules 8 and 9 which prohibit fee sharing with non lawyers, and regulate [...]

How To Protect Your Intellectual Property Rights Even In A Recession

A Business’ IP is often the most valuable asset it generates.  So just neglecting to protect your IP in these recessionary times when budgets are tight can have adverse and long term implications—especially if there is a time limited window within which your IP may be registered. To avoid a large hole in your IP [...]

Registrability of Trade Marks – WIENER WERKSTATTE

A trade mark can be refused where it is descriptive of the goods and services it covers. This could be where the mark ‘designates the kind, quality, quantity, intended purpose, value or geographical origin’ of the goods or service or other characteristic. For example, ‘GOOD BOOKS’ would be a descriptive trade mark in a class [...]