A Users Guide To Trademarks And Passing Off
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| Author | : Nicholas Caddick |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 661 |
| Release | : 2015-01-01 |
| Genre | : Law |
| ISBN | : 1780436858 |
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.
| Author | : Nicholas Caddick |
| Publisher | : |
| Total Pages | : 664 |
| Release | : 2021 |
| Genre | : Electronic books |
| ISBN | : 9781526511584 |
"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."--
| Author | : Aaron Wood |
| Publisher | : Bloomsbury Professional |
| Total Pages | : |
| Release | : 2009-11 |
| Genre | : |
| ISBN | : 9781847663627 |
The third edition of this comprehensive text provides a clear and concise commentary on trade mark law and practice in the UK. It has been expanded to include all key decisions of the UK courts, the UK registry, OHIM and the ECJ as well as relevant changes in practice/procedure and statutory provisions. Essential reading for the busy IP practitioner and trademark specialist. This title includes coverage of special types of trade marks; absolute grounds for refusal; relative grounds for refusal; UK, Community Trade Mark and Madrid Protocol Procedures; trade marks as a property right; remedies; passing off; trade libel; infringement procedure; and criminal offences.
| Author | : Julian Gyngell |
| Publisher | : |
| Total Pages | : 611 |
| Release | : 1998 |
| Genre | : Fraud |
| ISBN | : 9780406895943 |
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.
| Author | : Nicholas Caddick |
| Publisher | : A&C Black |
| Total Pages | : 477 |
| Release | : 2012-02-29 |
| Genre | : Law |
| ISBN | : 1845921569 |
A User's Guide to Trade Marks and Passing Off, Third Edition addresses the law of trade marks from a practical viewpoint, covering acquisition, loss, exploitation and infringement of trade marks, and passing off. Breaking down the procedural matters as they relate to the filing, opposition, enforcement and revocation of trade marks, each of the topics is approached separately in order to maintain a user-friendly structure. Clear explanations of the underlying principles and concepts (for example, when is there a likelihood of confusion) help to tie the different areas together. This third edition provides an up-to-date analysis of a rapidly evolving area of law and includes coverage of: The UK's Trade Marks Act 1994; The EU's Community Trade Mark legislation; Recent cases such as: L'Oreal v Bellure, The Google France litigation, 'Vodkat', Interflora and Budvar; The protection of Olympic symbols. Chapter 1 Introduction; Chapter 2 What is a Trade Mark?; Chapter 3 Other kinds of mark - collective and certification marks; protected descriptions; Chapter 4 Absolute grounds for refusal; Chapter 5 Relative grounds for refusal of registration; trade mark functions; honest concurrent use; Chapter 6 Classification; Chapter 7 UK Procedure for the registration of a trade mark; Chapter 8 Application procedure before OHIM; Chapter 9 International conventions; Chapter 10 Representation; Chapter 11 Invalidity; Chapter 12 Revocation; Chapter 13 Ownership of and dealings with trade marks; Chapter 14 Infringement and parties to infringement actions; Chapter 15 Defences, disclaimers and limitations; Chapter 16 Comparative and misleading advertising and malicious falsehood; Chapter 17 Remedies; Chapter 18 Groundless threats; Chapter 19 Criminal offences; Chapter 20 Passing off; Chapter 21 Olympic symbols.
| Author | : Nicholas Caddick KC |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 817 |
| Release | : 2021-12-20 |
| Genre | : Law |
| ISBN | : 1526511576 |
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
| Author | : Julian Gyngell |
| Publisher | : MICHIE |
| Total Pages | : 399 |
| Release | : 1994-01-01 |
| Genre | : Marques de commerce - Droit - Grande-Bretagne |
| ISBN | : 9780406005779 |
Commentary on the Trade Marks Act, 1994
| Author | : Allan Poulter |
| Publisher | : Butterworths |
| Total Pages | : |
| Release | : 2004-09-30 |
| Genre | : Trademarks |
| ISBN | : 9780406972651 |
The third 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.
| Author | : Michael Flint |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 567 |
| Release | : 2017-12-21 |
| Genre | : Law |
| ISBN | : 1526504901 |
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.
| Author | : Trevor Cook |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 961 |
| Release | : 2019-07-12 |
| Genre | : Law |
| ISBN | : 1526508710 |
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)
