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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.
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
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)
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.
Changes to this edition of 'The Law of Passing-off' include the extension of coverage of injurious falsehood, as well as of aspects of international law relevant to unfair competition.
Trade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be read by anyone seeking a better understanding of trademark law around the world.
A comprehensive guide to the framework of law as it governs all aspects of copyright and intellectual property. Covers all areas relating to copyright, patents, trademarks and general ownership of intellectual property. Immediately accessible to all - student, layperson or professional.
The Intellectual Property Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides help focus your revision and maximise your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases. Revision guides you can rely on: trusted by lecturers, loved by students... "I have always used OUP revision and Q&A books and genuinely believe they have helped me get better grades" - Anthony Poole, law student, Swansea University "The detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level." - Stephanie Lomas, law student, University of Central Lancashire "It is a little more in-depth than other revision guides, and also has clear diagrams and teaches ways to obtain extra marks. These features make it unique" - Godwin Tan, law student, University College London "The concentrate revision guides stand out against other revision guides" - Renae Haynes Williams, law student, Bangor University "The exam style questions are brilliant and the series is very detailed, prepares you well" - Frances Easton, law student, University of Birmingham "The accompanying website for Concentrate is the most impressive I've come across" - Alice Munnelly, law student, Kings College London "-it is a fantastic book. It covers absolutely all topics you need for the course." - Emma McGeorge, law student, Strathclyde University
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.
'Essential Law for Marketers' offers clear and concise explanations of the laws that impact on the practice of marketing, advertising, sponsorship, design and public relations, providing expert guidance on crucial issues for the busy practitioner. Each chapter in the book offers, in simple English, full analysis of the law on each subject, and illuminates it with numerous examples and cases taken from current industry practice. It also offers helpful tips and suggestions for 'keeping it legal' without losing sight of the overall commercial objectives. Uniquely written from the practitioner's point of view, the text is structured to offer a complete and accessible picture of how the law can impinge on the job: * 'Point of law' offers clear legal definitions or shows the generic application of a legal point in a real life context * 'Law in action' outlines actual legal cases and their outcomes, with full referencing for the case available on the companion site * 'Insight' offers background information, providing a broader practical or commercial context for a legal topic * 'Checklist' at end of each chapter itemises the key issues to bear in mind Essential Law for Marketers covers all the key issues facing those working in the media. From making claims and statements, copyright, defamation, promotion and advertising, through to lobbying, cybermarketing and ambush marketing, it is an invaluable reference guide for anyone working within the sector. It also functions as an excellent learning resource for all marketing students who need to appreciate the legal implications of industry practice.