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Unjustified Threats

January 28, 2008

One challenging aspect of advising small businesses is the vagueness of the law. It is difficult to give the clear, black and white answers business people need. One client recently asked me what letters we would be able to send...

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Google Loses Gmail Trade Mark Case

March 20, 2008

Google’s unsuccessful EU wide trade mark application to register the name ‘G-mail’ shown here is a salutary lesson about the importance of registering rights to a brand early, and in all countries in...

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Metatags and Trade Mark Use

March 20, 2008

Trade mark law like any IP right has been forced to adapt to the digital environment where trade marks are seen on virtually every web page available on the internet. The question is whether or not the appearance of the mark...

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Worldwide Clearance of Names and the Small Business
March 27, 2008

Google’s Gmail litigation raises an important point about clearing names before use.

It is hard enough for a business to invent good distinctive names that are not already someone else’s trade mark in one country, let...

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Search Engine Optimisation

March 31, 2008

As a potential user of Search Engine Optimisation (SEO) services, as well as solicitors specializing in internet and related laws, we recently examined the market and reviewed the services that are offered. As expected there is a...

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Domain Drop Catching

April 7, 2008

Domain names are always an important part of any business. For web based businesses they are sometimes a lifeline. So, what do you do if you do not own a domain name you want? One of the available options is to use a domain drop...

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United States ā€“ Use of a Trade Mark

April 11, 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. It is important...

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Joint Copyright Appeal Favours Procol Harum

April 14, 2008

The recent ruling in the Procol Harum copyright dispute illustrates the dangers of joint copyright. It is a huge practical problem which anyone whose business involves copyright works should pay heed to.

In the case it...

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Facebook Dispute

April 18, 2008

Aaron Greenspan’s continuing dispute with Facebook owner, Mark Zuckerberg has taken the form of a petition to cancel Facebook’s trademark registration in the USA mentioned here. The origins of the dispute lay...

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Why You Need a Shareholdersā€™ Agreement

April 24, 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. A sole trader trades in his own name and takes the risk of...

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Data Protection Compliance

April 25, 2008

As reported a couple of days ago by Outlaw.com, HMRC have in recent years been criticised like many other bodies for their failures in complying with the Data Protection Act 1998 by the Information...

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The Unpredictability of Trade Marks

April 28, 2008

Trade mark law is never black and white.When it comes to registering a mark, there are often surprises once the application is examined by the Intellectual Property Office (IPO).

For example, Jeremy Phillips recently ...

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