To help us improve GOV.UK, we’d like to know more about your visit today. The Act is silent as to whether a likelihood of confusion is required to infringe under s. 10 (3). The Delhi High Court has awarded damages of 3.85 Crores to WHATMAN International Limited, a UK based company, in a suit for trademark infringement. Verdict Pending. Coffee Culture could have avoided the issue by avoiding infringement on a closely-guarded trademark, with an annual value of approximately $1.5 billion. Copyright infringement can be dealt with in the civil courts such as the High Court (Chancery Division), the Intellectual Property Enterprise Court and certain county courts where there is also a Chancery District Registry. We put the global corporation on notice. Adverse publicity relating to any civil or criminal court action could affect how other businesses view you and how they choose to deal with you. Clear processes and procedures will help you to embed respect for IP with managers and staff, creating the right company ethos and ensuring that you identify potential problem areas and manage them properly. IP rights infringement and in particular IP crime threaten legitimate businesses, their staff, and undermines consumer confidence. The report highlights current and emerging threats surrounding counterfeiting and piracy, including those conducted via the internet. Many groups of copyright owners are represented by a collecting society. Registered office at 20-21 Jockey Fields, London WC1R 4BW. It took action against Heritage Audio, a Spanish reseller of audio equipment, for infringing its trademark registration by offering imitations of the equipment for sale. Oct 20 2020 Trademark Infringement. The case was brought in front of the UK’s Intellectual Property and Enterprise Court (IPEC), which is designated to handle trademark actions in the UK. However, the global corporation’s product had a slightly different use. Advice and guidance on dealing with IP rights infringement is available. “Infringement” is a legal term for an act that means breaking a law. 2010-2013; 2009; 2008; 2007; 2006; 2005 . Our client created a novel and distinctive product name. If you decide that you are not infringing, or you have a good defence, you may decide to stand your ground or even to sue the trade mark holder for making unjustified threats. You may be able to get a court order to force the infringer to cease trading. The coexistence agreement set the terms and conditions the parties have agreed, to allow each other to undertake their respective business activities. This can occasionally arise from the use of the same or similar mark for goods or services which are dissimilar to those covered by the registration of the registered mark. Further Details. You need to think about not only the way your business is conducted, but also be aware that the behaviour of your staff – and their actions at work may also incur liability for the organisation as a whole. Video added to guide 'IP BASICS: My business is a victim of IP Crime'. This principle is widely recognised in patent infringement claims, not in trademark infringements. You may be able to negotiate a settlement which suits both parties, which may involve a co-existence agreement. LUSH has won a court case against Amazon, protecting its intellectual property rights after the it brought trademark infringement proceedings against the online giant last year.. Registered in England and Wales with company number 08914222. The latest IP Crime Report 2015/16 was published on 28 September 2016. The infringement of a trade mark – also written and acknowledged as trademark or trade-mark – relates to the unauthorised use of a registered trade mark by any third party on any goods or services identical with the goods or services specified on the register. The agreement is drawn up between parties and sets the parameters for each to use their trade mark without the fear of infringement or legal action from the other(s). For example possession of an infringing copy of a work protected by copyright in the course of your business may be a criminal offence under section 107 (1)(c) of the Copyright, Designs and Patents Act 1988. In the case of trade marks and copyright the act may also constitute a criminal IP offence. 20-21 Jockey's Fields, Holborn, London WC1R 4BW, Gannons is the trading name for Gannons Commercial Law Limited. Gannons resolved a case of trademark infringement, winning significant damages for our client. You can ask us for an opinion to check if what you want to do would infringe a particular patent. For example, photocopying, reproducing a printed page by handwriting, typing or scanning into a computer, or making a copy of recorded music, renting or lending copies of the work to the public. It does not deal with copyright infringement cases or with criminal “piracy” of copyright works. These include sample slide packs to help raise awareness and improve understanding. Help us improve GOV.UK. If you are concerned that you may be infringing, you may wish to obtain professional advice from a patent attorney, trade mark attorney or a solicitor. He has an established reputation in the technology, art and media industries. If someone intends to sue you for infringement, you can try to reach agreement with them on using their patent. You may also be vulnerable to threats from computer viruses and malware. Good businesses attract respect and the trust of future partners. If you are infringing you should be aware that the owner may be able to sue you. The same Act however, also establishes various defences to trademark infringement. Next, we prepared licence agreements for use of our client’s product throughout the EU. Trademark Infringement Expert Witness Case Studies. Letting traders onto your premises to sell items to your staff could leave your business facing legal liability. Here are a variety of sports related trademark cases that are currently making news. You therefore need to be prepared, even if you are not currently aware of any such problems in your business. Legal professionals who specialise in IP are useful in helping you to understand, obtain and defend your IP rights. Activities which results in IP rights being infringed can raise both civil and criminal law liabilities. Criminal offences (counterfeiting and piracy), 11. The common thread is that doing nothing is not a sensible option given the risks it can pose for you and your business. To assist in identifying instances where IP rights infringement can occur, a range of activities and examples have been identified. As we advised, they registered the name as a community trade mark. The Trade Marks Act 1994 specifies certain infringements, and how to establish these infringements, which can be undertaken in relation to registered trademarks. People involved with IP crime are generally involved with other types of crime such as benefit fraud, drugs and people trafficking. A range of criminal provisions are set out in the relevant Acts, and other offences such as those under the Fraud Act 2006 may also be applied. GOV UK Links : Results of past trade mark decisions. Statistically, the intellectual property civil lawsuits heard in Beijing, Shanghai, Jiangsu, Zhejiang and Guangdong accounts for 70.65% of all the previous cases of foreign trademark infringement. The courts must analyze trademark infringement cases based on the use of a confusingly similar trademark by applying a set of legal guidelines known as “the likelihood of confusion” factors to the facts of the case. 2. There may be a number of potential courses of action or defences open to you, but this will very much depend on the particular circumstances of your case. You can check our database of patents that are currently Not in Force. This form of infringement is limited to marks enjoying a reputation. According to Pumfrey J. We’ll send you a link to a feedback form. Our client was a large computer software company. You can change your cookie settings at any time. We use this information to make the website work as well as possible and improve government services. The needs of businesses will vary. Examples of trademark infringement cases include instances in which one company sues because it contends that another company is profiting from its trademark without approval. Whether the two marks are sufficiently similar, having regard to their fields of trade, so as to be likely to confuse and deceive (whether or not intentionally) a substantial number of persons into thinking that the junior user’s goods and services are those of the senior user; A music CD will have copyright in the music, so-called “mechanical” rights in the recording, design rights in the cover, and well-known brands often register their names as trade marks. All of these acts will constitute a civil infringement but some copyright and trade mark infringements may also be a criminal offence such as the sale of counterfeits including clothing. Here are a few odd patent infringement cases, some of which are actually founded in legitimate claims: 1. Infringement cases by country . Volvo’s Polestar BANNED from France for Citroen trademark ‘infringement’ October 30, 2020 By Cars UK. You should then consider whether to negotiate or to take legal action for compensation. For example, The Institute of Patentees and Inventors (IPI) is a non-profit making organisation that specifically helps lone inventors. Inc. v. Akash Arora & Anr Perhaps the first of the landmark judgment on cyber-squatting in India. WHATMAN is a well-known GE Healthcare Life Sciences brand specializing in laboratory filtration products. Don’t worry we won’t send you spam or share your email address with anyone. There is no available remedy for trade mark infringement if the earlier trade mark is unregistered. These include: employees selling copies of protected works or supplying fake goods within the working environment, company servers and equipment being used to make available (i.e. Criminal matters are dealt with in the criminal courts. There are many trademark infringement cases that have occurred that can teach business owners valuable lessons on protecting and using certain logos and phrases. 1. Trading standards are primarily responsible for enforcing the criminal IP laws, with support from the police, and with investigative assistance from the IP rights owners. The High Court agreed with our assertions. You may be liable for damages relating to any infringement. Paris Hilton won a case against the greeting card company, Hallmark, for using her “That's hot” catchphrase, which she trademarked. uploading) infringing content to the internet with the knowledge of management, using the work intranet to offer for sale infringing products to colleagues, external visitors entering your premises, to sell counterfeit and pirated items, using unlicensed software on business computer systems with the knowledge of management. Failure to address the problem could leave you and your business liable and at risk to criminal and/or civil action. IP rights are infringed when a product, creation or invention protected by IP laws are exploited, copied or otherwise used without having the proper authorisation, permission or allowance from the person who owns those rights or their representative. This preliminary ruling concerns infringement claims relating to the first five years after registration of a trade mark which was later revoked for non-use. Copyright is infringed when any of the above acts are done without permission, whether directly or indirectly and whether the whole or a substantial part of a work is used, unless what is done falls within the scope of exceptions to copyright permitting certain minor uses. Guidance is available on the procedures and processes you and your business can adopt to prevent infringement occurring. 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