Insights & News
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New gTLD domain
Inbrief
21 May 2019In one of the most far reaching developments to effect the internet since its creation, in January 2012 ICANN will start the process of releasing potentially hundreds of top level domain names for use by brand owners or as generic references. This presents unparalleled opportunities and risks for all brand owners, and only the best prepared are likely to meet those challenges.
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Trade Mark and Domain Name Watch Services
Inbrief
21 May 2019There is a temptation for trade mark owners to breathe a sigh of relief as they eventually file their trade mark applications. It is often the culmination of months of work searching for any prior rights and perhaps investigating, negotiating, cancelling or acquiring such rights. It is an end, but only to the beginning of a brand’s lifecycle. Once the application is filed, this is when the brand protection programme begins in earnest.
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UK Trade Mark Opposition Procedure
Inbrief
21 May 2019The opposition procedure is a process that enables third parties to prevent trade mark applications from achieving registration in certain circumstances.
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LSNetminder - Domain Name Management & Dispute Resolution
Inbrief
21 May 2019It is now very rare to come across a business without any online presence. As a result, domain names have become a crucial aspect of intellectual property and one which requires careful management. Unauthorised third party registrations are now much more prevalent with fraudulent activity such as phishing and cyber squatting.
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Trade Mark ‘Use’ Requirements
Inbrief
21 May 2019The purpose of a trade mark registration is to protect marks that are either a) in use; b) intended to be used; or c) are not being used, but with a valid reason.
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Trade Mark and Design Searches
Inbrief
21 May 2019Whenever a new launch is proposed, whether it is for a product, brand, business name or an advertising campaign, there is always a risk that someone else is already using an identical or a similar name or design. If so, then that party may be entitled to obtain an immediate injunction from the court to prevent the launch and obtain damages for trade mark, design right or copyright infringement and/or passing off.
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Trade Marks in the United States
Inbrief
21 May 2019Trade mark rights in the United States arise from use of a trade mark, not registration. However, a registration acts as a public record of your trade mark, and places other possible users of the same or confusingly similar marks that you already holds rights in the trade mark throughout all fifty states. Whilst registration is not mandatory in the United States, registration is highly recommended; proving the existence of unregistered rights in your trade mark is difficult, very expensive, and at best, can show rights only in those States where you can show you have actively used the trade mark.
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Trade Mark and Design Services
Inbrief
21 May 2019The IP, brand, trade mark and portfolio management team at Lewis Silkin comprises more than 50 lawyers and trade mark attorneys along with specialist support personnel.
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International Trade Marks
Inbrief
21 May 2019Whilst there is no single trade mark registration that covers the entire world, knowledge of the various regional and international filing systems means that global protection can be achieved with greater ease and less expense than filing national trade mark applications in each country.
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Brand Clearance Guide
Inbrief
21 May 2019A practical guide to brand clearance including details on the range of searches available (such as trade mark searches, strapline searches, common law searches and domain name searches), information on budgeting for clearance and general strategic advice.
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European Union Trade Marks
Inbrief
21 May 2019A European Union trade mark (“EUTM”) is a single trade mark registration that provides trade mark protection in 28 of the European Union territories. This will change to 27 territories if/when the UK leaves the EU.
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UK Trade Marks
Inbrief
21 May 2019A trade mark registration for a business, brand or product name, a logo, slogan or other trade mark provides a business with the most effective form of protection against a competitor making improper use of its trade mark. Whilst a trade mark might be capable of being protected through other areas of the law, such as passing off, copyright or design right, registering a trade mark has a number of important benefits.
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Preparing a trade mark infringement or passing off case: practical considerations?
Inbrief
21 May 2019This checklist is aimed at rights owners and their advisers, including in-house lawyers, who are considering bringing a trade mark or passing off action in the UK. It provides a brief series of tips and pointers on things to consider when preparing a case.
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Selling your business
Inbrief
13 May 2019Many business-owners look to sell at some point. The reasons for selling may vary but often it is the opportunity for an owner to capitalise on the years of hard work that have gone into building up his or her business.
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Share buy backs - what’s the fuss?
Inbrief
13 March 2019When a company is planning a share buy back (or purchase of its own shares) it’s time to be careful. This note explains why you need to be careful, and summarises the company law issues that must be addressed in advance before the company enters into any commitments.
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Community Infrastructure Levy
Inbrief
18 January 2019The Community Infrastructure Levy (“CIL”) is a discretionary planning charge which was introduced in 2010 through the Community Infrastructure Levy Regulations 2010.
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Section 106 Agreements - a note for anyone developing land
Inbrief
18 January 2019When granting planning permission for development, local planning authorities often impose planning obligations on the party promoting the development. These obligations are usually contained in what are known as Section 106 Agreements or Planning Agreements – separate legal agreements that sit alongside the planning permission. Those agreements will, generally, bind the land to which the planning permission relates – so anyone who owns that land will be bound by the obligations.
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Disability discrimination
Inbrief
20 December 2018The main provisions of the Equality Act 2010 (“the Act”) came into force on 1 October 2010. The Act attempts to harmonise and consolidate diversity law across all strands of discrimination. With regards to disability discrimination, the Act is mainly a restatement of the law found in the Disability Discrimination Act 1995 (“the DDA”), which it has replaced. However, it also made some significant changes and additions to the law.
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Boundaries
Inbrief
19 December 2018The purpose of this guide is to help you should you need to identify the extent of a site or ownership and responsibility of boundaries.
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Trespassers will be prosecuted.....or will they?
Inbrief
19 December 2018Trespassers or “squatters” can present major issues for owners of commercial land and buildings.