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Software Disputes are becoming more of a common issue in England and Wales due to our use of technology constantly expanding. As more businesses incorporate new technology into their daily processes, the opportunity for software disputes to arise is ever-growing. Software disputes can arise due to several issues, from the performance of the software to…
Assignment of a UK registered trade mark is a way of transferring legal ownership of the trade mark from one person to another. The most common method of transferring UK trade mark ownership is by assignment under UK law. Trade mark assignment Section 24(3) of the Trade Marks Act 1994 provides that a registered trade…
What Is Trade Mark Infringement? Trade marks are words or symbols used in association with goods or services in order to identify a company or its products. Trade marks are a form of intellectual property and are protected either by registration or (where registration has not been obtained) by established use. Trade mark infringement takes…
In this article, South Bank Legal’s trade mark solicitors take a moment to explain the “own name” defence in the context of trade mark law, particularly where a legal entity, rather than a natural person, is attempting to rely upon the defence. Exclusive rights of the trade mark owner The owner of a registered trade…
An implied licence of intellectual property (IP) will arise when the IP owner gives unwritten permission to another to use that IP. An implied licence is distinct from an express licence, which will usually be some form of written permission or formal licence agreement. Implied licences are a risky business. For the party acquiring the…
In a previous article our passing off solicitors looked at the “classic” passing off claim, which involves a three part test a claimant must satisfy in order to make a successful claim. Case law over the years has expanded and enhanced upon the concept of “classic” passing off and in this article we look at…
Notwithstanding the looming shadow of Brexit, the UK fintech market is on the grow. It has been reported that investment in fintech firms in Europe could top $2bn this year. Indeed, despite the chancellor’s Autumn Budget 2017 slashing the UK’s economic growth forecast, the Government pledged a £21m investment over the next four years into…
Below our passing off solicitors look at the basic requirements of a successful passing off claim. Passing off can occur when one person misrepresents that a product or service is their own, when it in fact belongs to someone else. Historically, fraud was required to be proven in order to successfully establish a passing off…
Today our UK passing off solicitors look at an employer’s responsibility for the conduct of an employee during the course of employment that amounts to passing off. It is an issue which has developed some clarity in recent years. When dealing with passing off claims, the case of Vertical Leisure Ltd v Poleplus and another [2015] EWHC…
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