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You Can Use The Code Just Don’t Use The Name: Ubuntu Flexes Its Trade Marks

September 19, 2008

Ubuntu is a well known free, open source based Linux based operating system. Their business model is to provide software free of charge but to make money by giving support instead. Recently there have been a large...

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The Benefits of US Copyright Registration in UK Disputes

September 22, 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. Sadly, courts are not often...

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Tate & Lyle Lose Splenda Patent

October 3, 2008

In a surprise decision in the US, the makers of Splenda have lost their patent for sucralose which is the generic name for Splenda. This means that competitors can now sell the same sugar substitute. At the moment Splenda brings in...

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OHIM Official Fees – Reducing the Cost

October 7, 2008

An important decision for any brand owner, given the territorial nature of trade marks, is in which countries to seek protection.

Many applicants may only trade in their home country, but for others based in the European Union, it...

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Protecting Your Image

October 10, 2008

English law is currently evolving in how it protects celebrities from having their image exploited as image disputes are becoming more common. Judges are becoming more flexible in dealing with such disputes and finding ways to...

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US State Seizes Online Gambling Domain Names

October 13, 2008

Recently the state of Kentucky has moved to seize the domain names of 141 online gambling sites. The move has sent shockwaves throughout the gambling and internet community because it could set a dangerous precedent. Attorneys for...

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Protecting Designs – Getting it Right

October 14, 2008

During the last year several cases have highlighted the current state of flux in Registered Community Designs (RCDs). This area of law remains a frequently overlooked and underrated intellectual property right). RCDs can...

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ECJ Revives Database Right

October 20, 2008

A database right was first introduced in Europe in 1996 though the Database Directive. Under the Directive the maker of a database has the right to prevent the “extraction and/or re-utilisation of the whole or of a...

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US Ruling May Curb Business Method Patents

October 31, 2008

The US has been one of the few jurisdictions which allow methods or ways of doing things to be registered for patent protection. This type of patent might be narrowed significantly by a recent ruling by a US Appellate Court. ...

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Famous Names as Trademarks

November 1, 2008

Elvis Presley [1997] R.P.C. 543 and Linkin Park [2006] E.T.M.R. 74 are examples of cases which have highlighted the problems that can arise when famous people or groups try to protect their name through trademark law, in order to...

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Trademark Infringement – An Interesting Argument

November 1, 2008

When police and trading standards officers raided his home they found 1,640 DVDs of feature films, 457 DVDs of pornography and 232 music CDs, all of them pirated, and bearing the logos of EMI and other companies.  The...

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Bottle Battle Between Brooklyn Brewery and Belgians

November 9, 2008

When finding out his bottle was a possible infringement of the Westmalle Belgian ringed bottle (trademark rights in which had been assigned to the New Belgium Company in Colorado) Mr Hindy, the owner of the Brooklyn Brewery was...

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