News

Articles

The following contains recent items on Intellectual Property and Technlogy legal developments by the team at Azrights Solicitors.

2009

• Secrets of Web Success - June 2009
  A common mistake people make with their web project is relying on a web designer to  advise on all things to do with the internet.  Although web design is an important component of web success, it is only one of many different skills needed.

• Funding for Intellectual Property - March 2009
  One of the more difficult aspects of trademark protection to explain to clients is that a trademark is only territorial in nature and not in fact international. 
   
• The Story of UGGs or How Not to Handle a Global Brand - March 2009
  One of the more difficult aspects of trademark protection to explain to clients is that a trademark is only territorial in nature and not in fact international. 
   
• Registering Shapes and Three-Dimensional Trademarks - March 2009
  A trademark conveys the image, personality and the origin of the products to a customer.  Thus, trademarks are crucial in developing a company’s strategy.
   
• Defamation Law Part 2:  Successful strategies to deal with online defamation - February 2009
  Although it is difficult to get a successful result in an online defamation issue, it can be done by carefully establishing who is making the comment, and where they are based.
     
• Defamation Law, Part I  - February 2009
  The internet has radically changed the nature of defamation law. While it was once a specialised subject left to media lawyers it is now a topic on which most internet lawyers have to advise.
    
• Having a Virtual Presence Online - February 2009
  In the last few years many big companies have been making news by establishing a virtual presence in an online world. The most common place for businesses to do this is in Metaverses which are also called virtual worlds.
     
• Engaging a web designer - one contract you should read - February 2009
  It is amazing how naïve otherwise sensible business people can be when it comes to commissioning a designer to develop a website for them.  Whether it is a lack of knowledge or simple forgetfulness this lax approach can have serious consequences. 
       
• FSA Requirement for the Compulsory Recording of Phone Calls - January 2009
  The Financial Services Authority ("FSA") requires certain employers in the sector to record telephone conversations and retain electronic communications made in the UK
   
• Trademark Dilution in Europe - January 2009
  The European Court of Justice's landmark ruling in Intel Corp v CPM may alter the landscape of European trademarks and did not follow the US position.

2008

• Marketing by email, direct mail, fax, telephone, website - How Data Protection Regulations affect you - December 2008
  Data Protection laws regulate how personal data is used. If you market or intend to market goods and/or services to customers by email, direct mail, fax, telephone, or on a website, data protection laws will be relevant.
   
• Computer Implemented Inventions: Where are we now? - December 2008
  This article explores the patentability of computer implemented inventions, and the recent efforts to clarify this complex area of law. 
   
• General Facts about the Advertising Standards Authority - November 2008
  The Advertising Standards Authoirty (ASA) regulates the content of advertisements, sales promotions and direct marketing in the UK. 
   
• Charities and Trademarks - Names and brands - November 2008
  Whether a charity is a household name or an innovative start-up, like any ordinary business it will need to think about its brand.
    
• Running a Small Lottery or Competition Prize - November 2008
  The area of lotteries, prize draws, prize competitions and instant win promotions was reformed by the Gambling Act 2005 (the Act) which came into force on 1st September 2007.
   
• The Gambling Act 2005 - November 2008
  The Gambling Act 2005 which came into force on 1 September 2007 presents a trap for the unwary. For those running anything other than a skill competition or a free prize draw, it is essential to be aware of the dangers of unknowingly falling within the scope of the licence requirements.
   
• The Company Names Tribunal - November 2008
  The Company Names Adjudication System aims to reduce the number of company name squatters who incorporate companies to sell the company to a third party
     
• Famous Names as Trademarks - November 2008
  The problems that can arise when famous people or groups try to protect their name through trademark law, in order to exploit the rights through merchandising
   
• Protecting your Image - October 2008 
  English law is currently evolving in how it protects celebrities from having their image exploited as image disputes are becoming more common.
   
• OHIM Official Fees - Reducing the Cost - October 2008
  An important decision for any brand owner, given the territorial nature of trade marks, is in which countries to seek protection.
   
• The Benefits of US Copyright Registration in UK Disputes - September 2008
  There is a popular myth that the best way to protect your copyright is to send a copy of the work to yourself in an envelope and that you will be protected so long as you do not open the envelope.
   
• Everything you need to know about joint copyright - September 2008
  Joint copyright can be a dangerous trap for businesses. Disputes over joint copyright issues are often expensive, fact intensive and it is difficult to prove ownership.
   
• United States - Use of a Trade Mark - April 2008
  The US Patent and Trademark Office (USPTO) operates a policy quite different to that of the UK Intellectual Property Office (IPO) and Office of Harmonisation in the Internal Market (OHIM) as regards trade mark use.
   
• Why you need a shareholders’ agreement - April 2008
  The start of a new business will always bring challenges regardless of whether the business takes the form of a sole trader, partnership or a limited liability company.
   
• What makes a good brand name online? - April 2008
  In the offline world a generic name is never a good brand name. Such names have limited potential as trade marks even if you manage to register them
   
• The rag trade - a hopeless case? IP in the Fashion Industry - Jan 2008
  A designer can register a fashion or other design in the UK or within the EU, provided the design creates a new overall impression on the informed user.
   
• Click and deliver! Your money or your name! Domains - Jan 2008
  There is a tendency to label anyone who is in the business of making money out of domain names a cybersquatter, and in the process to regard them as guilty of fast practice verging on the fraudulent.
   
• Protecting ideas - focus on business process patents - Jan 2008
  There is no single answer to explain how best to protect an idea because it all depends on the idea.