How do i protect a business idea - November 2020
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How do i protect a business idea - November 2020
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How do i protect a business idea - November 2020
- 1. How do I protect a business idea? Neil Infield Manager Business & IP Centre neil.infield@bl.uk Jeremy O’Hare Information Expert Intellectual Property Jeremy.O'Hare@ bl.uk
- 3. www.bl.uk 3 Disclaimer • This presentationis not legaladvice • We strongly advise you to ask a patentor trade mark attorneybefore proceeding with using or applying for rights – most will offera free half hour consultation. We can direct you to online directoriesof specialist patentand trade mark attorneys. • Content is limited to the UK region
- 4. www.bl.uk 4 How can I Protect a Business idea? • A business idea on it’s own is not protectable However… • The expression/executionof that idea may be protectablevia various forms of IntellectualProperty (IP)
- 5. www.bl.uk 5 Genius is 1 percent Inspiration, 99 percent Perspiration Thomas Edison
- 6. www.bl.uk 6 A genius idea isn’t always a success.
- 7. www.bl.uk 7 Intellectual Property (IP) is protection for Creativity and Innovation
- 8. www.bl.uk 8 Intellectual Property There are six types in total - three you can register: Patents - How something works or the process of making it Trade marks – Words or logo to indicate the origin of the products or services Designs – The distinctive look of the product or object
- 9. www.bl.uk 9 Intellectual Property And there are three that you don’t: Copyright – Artistic or written works eg. Paintings, books, films, music etc. Know how – The practical knowledge of how to get something done. Trade Secrets – Confidential information which is not generally known to the public and is subject of reasonable efforts to keep it secret.
- 10. www.bl.uk 10 Can you spot the forms of IP here? The pause that refreshes patent design trade mark copyright trade mark trade secret
- 12. www.bl.uk 12 Intellectual Property in the UK IPO UK is the government body responsible for registering intellectual property in the United Kingdom. Concept House Cardiff Road Newport South Wales NP10 8QQ United Kingdom information@ipo.gov.uk 0300 300 2000 or +44 (0)1633 814000 www.ipo.gov.uk
- 14. Patents
- 15. www.bl.uk 15 Patents • Protect how something works or how it is made • The invention must be new • It must not be obvious • It must be capable of being made or used in some kind of industry • Should be Betteror Cheaperor Different
- 16. www.bl.uk 16 Unpatentable ideas in Britain • Business concepts or procedures • Scientificlaws or discoveries • Rules forgames • Computer software • Some animalbreeds or plant varieties
- 17. www.bl.uk 17 Different rules apply in other countries such as the USA…
- 18. Patents • Grantedby a country or by a group of countries (e.g. European PatentOffice). • Are country or regionspecific. • Can be bought, sold or licensed. • Do not last forever– 20 years standard. • Cost of a UK patentstarts from £310 + extras (e.g. Patent attorneys,renewalfeesetc.)
- 19. Patents are not a silver bullet • By publishing a patentyou arerevealingyour invention. • Ifyou are successful, others will copy your idea (not your invention). • Sir James Dyson has spent a lot of time and money suing rivalsfor infringing his patentswith very mixed success.
- 20. www.bl.uk 20 International Routes • Direct applicationto foreignoffices– allowed within 12 months of first application(under the Paris Convention 1883). • European Patent Office– grants patentsvalid in allEuropean countries plus Turkeyand Baltic states. www.epo.org • Cannot have UK and EP for same invention. • PatentCo-OperationTreaty(PCT) – apply for patents in multiple countries with single form. www.wipo.int
- 21. www.bl.uk 21 Patent myth There is no such thing as a “World Patent” However… There is a shortcut which allows you to file an application for protection in several countries in one go (PCT application) BUT this does not result in a World Patent
- 22. www.bl.uk 22 Confidentiality • You must keepyour idea secret until the applicationfor a patentis made! • Use non-disclosure or confidential disclosure agreements https://www.gov.uk/government/ publications/non-disclosure- agreements • Be waryof “invention promoters”
- 23. www.bl.uk 23 Before you apply for a patent • Searchfor ‘novelty’of the invention… • Using Espacenetdatabase http://worldwide.espacenet.com/
- 24. www.bl.uk 24
- 25. www.bl.uk 25 Prior art – a definition from the EPO Prior art is any evidence that your invention is already known. Prior art does not need to exist physically or be commercially available. It is enough that someone, somewhere, sometime previously has described or shown or made something that contains a use of technology that is very similar to your invention A prehistoric cave painting can be prior art. A piece of technology that is centuries old can be prior art. A previously described idea that cannot possibly work can be prior art. Anything can be prior art.
- 26. www.bl.uk 26 Entry signal system for pets
- 27. www.bl.uk 27
- 28. www.bl.uk 28
- 29. Know How and Trade Secrets
- 30. www.bl.uk 30 Know how • The practical knowledge of how to carry out a process, perform an operation etc. • The information not necessarily included in the patent for example, but required to complete the work.
- 31. www.bl.uk 31 Trade secrets A trade secret is: • Any formula, pattern, device or compilation of information used in business that affords an advantage over competitors who do not know or use it.
- 32. KFC 11 secret herbs and spices https://youtu.be/JiuNvhJsIZQ
- 33. www.bl.uk 33 Know How and Trade Secrets • Keep your production and manufacturing processes confidential. • No disclosure of information. • Perpetual protection i.e. there is no Expiry Date as long as you can keep the secret. • Use non-disclosure agreements.
- 34. www.bl.uk 34 Sources of Intellectual Property information • The British Library - Business and IP Centre http://www.bl.uk/bipc/ - bipc@bl.uk • The British Library - Business and IP Centre Research Service - bipc-research@bl.uk • The Intellectual Property Office UK http://www.ipo.gov.uk/ - enquiries@ipo.gov.uk
- 35. www.bl.uk 35 IP Attorneys • Chartered Institute of Patent Attorneys http://www.cipa.org.uk • Chartered Institute of Trade Mark Attorneys http://www.citma.org.uk
- 36. www.bl.uk 36 "If you think it's expensive to hire a professional to do the job, wait until you hire an amateur" Red Adair.
- 37. www.bl.uk 37 Full list of webinars available at: https://www.bl.uk/bipc
- 38. Copyright
- 39. www.bl.uk 39 Copyright • Prevents copying of artistic or written works eg. Paintings, books, films, music etc. • Can be bought, sold or licensed • Lasts up to 70 years after the creator’s death • Automatic right • Not registered • Free and instant
- 40. www.bl.uk 40 Copyright protection • Strongly recommended that you mark the work e.g. © British Library 2020 Create a record of the date • Deposit work with bank • Deposit work with solicitor • Use the new WIPO PROOF service https://www.wipo.int/wipoproof/en/
- 43. How to protect your copyright © Gwennol Designs
- 44. How to protect your copyright © Gwennol Designs
- 45. How to protect your copyright © Gwennol Designs
- 46. How to protect your copyright © Gwennol Designs
- 48. www.bl.uk 48 Copyright covers every form of creative output • Books, novels, technical reports, manuals • Paintings, sculptures, photographs • Music, songs, plays, dramatic works • Films, videos, television and radio broadcasts • Engineering, technical or architectural plans • Promotional literature, advertising • Computer software, databases
- 49. Exceptions to Copyright • Copying for non-commercial research or private study. • Quoting for critique or review, with acknowledgement of the source. • Reproducing an artistic work by hand as a class assignment in an educational establishment. • Making a copy for a visually-impaired person if no accessible version is commercially available. • Time-shifting of radio or TV broadcasts.
- 50. Copyright options • Copying • Adapting • Publishing "Lawyers for Aerosmith wrote a cease-and-desist letter to the Trump campaign claiming the Republican “did not have our client's permission to use Dream On" or any of Tyler's other songs and that it ”gives the false impression that he is connected with or endorses Mr. Trump's presidential bid.“ • Renting • Performing • Broadcasting Moral rights:
- 51. www.bl.uk 51 Top earning celebrities – no longer living 1. Michael Jackson $400 million 2. Elvis Presley $40 million 3. Charles Schultz $34 million 4. Bob Marley $23 million 5. Dr Seuss $16 million 6. Prince $13 million 7. John Lennon $12 million 8. XXXTentacion $11 Million ©2019 Forbes Media LLC
- 52. Who Owns Copyright? • It’s not always you… • If you pay someone to produce something (writing, artwork, photography)… they own the copyright by default… • You need a contract to specify who owns what.
- 53. Who Owns Copyright? • It’s not always you… • All the work you create for your employer belongs to them - not you… • Unless you do it in your own time and is not part of your job.
- 54. www.bl.uk 54 Free stuff you can use… • There are some exceptions to copyright… • Any using a creative commons licence https:// creativecommons.org/
- 55. www.bl.uk 55 Free stuff you can use… • Wikipedia content (text and images) • YouTube Audio Library • The Internet Archive • Unsplash.com
- 58. www.bl.uk 58 Registered Designs • Distinctive look of object or item • Must be new • Must be unique Registered Design 4004639
- 59. Registered Designs • Registered in a country or group of countries • Are country or region specific • Can be bought, sold or licensed • Do not last forever - renewed every 5 years up to 25 years • Cost of a UK Design starts from £60 + extras No claim is made for the wheel barrow tray and wheels
- 61. Registered Designs • The protectiona registereddesign provides is defined by the drawings submitted. In order to infringe the design, a product must look “substantivelythe same” as those drawings. • Examinationof registereddesigns is minimal. This means they can be obtained quickly and comparativelycheaply; however,it alsomeans thatthey not particularly robust and can be attackedafterregistrationif they can be shown not to be new or not possessing individual character. • Once a product has been made public for 12 months, registereddesign protectionmay not be available.
- 62. Registered Designs = weak protection
- 63. Examples of relevance to the fashion industry • Itemsof clothing • Handbags • Cosmetics • Luggage • Jewelry • Packaging • Graphic symbols • Fabric pattern • Surface decoration • Storedesign
- 64. Registered Designs are not a silver bullet • Ifyou aresuccessful, others will copy your idea (not your design). • Sir James Dyson has spent a lot of time and money suing rivalsfor infringing his designs with very little success.
- 65. Magmatic (Trunki ) versus PMS International (Kiddiecase) Photograph: PA Example of a Registered Design dispute
- 66. www.bl.uk 66 Magmatic Trunki Registered Design image International Kiddieecase
- 67. www.bl.uk 67
- 68. www.bl.uk 68 Take home messages….. Courtesy of GJE Intellectual Property • The imagesdefine the scope of protectionaffordedby a registereddesign. • It is advisable to avoidcolour and contrasting tones (or shading) in the imagesforthe application. • Black and white line drawings ofthe product are strongly preferred. • Thesewill generallybe interpretedas showing the externalshape or contouring only.
- 72. www.bl.uk 72www.bl.uk Free Registered Design databases • Community Designs information at https://euipo.europa.eu/ohimportal/en • Search Design View from EUIPO at https://www.tmdn.org/tmdsview-web/welcome • The Hague Express Database for global searching http://www.wipo.int/designdb/hague/en/
- 73. Trade Marks
- 76. www.bl.uk 76 Trade Marks – Why? • Help to differentiatethe goods and services of one provider from those of a competitor And, more importantly, • Assure the consumer of a certain levelof quality of goods or service
- 77. Everyone wants to have a name that describes their business……
- 78. ……but sometimes simpler is better
- 79. www.bl.uk 79 Trade Marks - Tips •Make up names are more likely to be distinctive e.g Adidas, Kodak, Waze •Do you need a tagline too? This can also be registered. •Use it or lose it - a trade mark is to protect your business activity not to block others out. •Enforce your rights - don’t hesitate to send out Cease and Desist letters
- 80. www.bl.uk 80 Why register your Trade Mark? •Makes it easier for you to take action against anyone infringing your trade. •Allows trading standards to bring criminal action against counterfeiters. •Makes it a piece of property which you can sell, franchise or license. •Is good value at £170 + extras
- 81. You can have the same name as someone else in a different country…As long as they haven’t registered it in yours. &Pizza (USA) vs @Pizza (UK) Registering rules and tips
- 82. Registering rules and tips 1. You need to find out which of the 45 Nice classes apply to your business. Because… 2. You can have exactly the same name as someone else in a different class…
- 83. On Saturday morning, Donald Trump announced via Twitter that there would be a “big press conference” at the Four Seasons in Philadelphia.
- 84. Registering rules and tips 3. But .. you can’t have even a similar name in the same class… 4. It can’t even sound similar. 5. You need to search the UKIPO Trade Mark database
- 85. Absolute grounds for refusal in the UK • Using wording that describes the product or service • Being deceptive - e.g. deliberately similar to an existing mark • Using names or pictures of famous people or characters X X
- 86. Absolute grounds for refusal in the UK • Being against the law – e.g. recreational cannabis use • Using blasphemy or obscenity or causing offence • Bad faith - e.g. registering marks to block others from using X
- 87. Absolute grounds for refusal in the UK • “6ter” Prohibited marks – e.g. armorial bearings, flags and other state emblems.
- 88. Don’t mess with the Royal family…
- 89. www.bl.uk 89 Great trade marks… What do you call a vegetarian burger?
- 91. www.bl.uk 91
- 92. www.bl.uk 92 Searching for trade marks • You can search for an existing trade mark to find out who owns it. • You can search by company to see which trade marks they own. • You can search to see if the name you want is available.
- 93. www.bl.uk 93 Free trade mark databases • UK IPO https://www.gov.uk/topic/intellectual- property/trade-marks • Community Trade Mark - http://euipo.europa.eu/eSearch/ • Madrid Agreement - http://www.wipo.int/branddb/en/ • TMView - https://www.tmdn.org/
- 94. www.bl.uk 94 Examples of trade marks
- 96. www.bl.uk 96 Memorable trade marks Wilson and Tom Hanks from Shipwrecked
- 99. The best name describes what you do?
- 102. www.bl.uk 102 A confusing name could be a problem…
- 103. www.bl.uk 103 A confusing name could be a problem…
- 105. www.bl.uk 105 And a bad name will kill your business?
- 110. Founded in 1948, SMEG ("Smalterie Metallurgiche Emiliane Guastalla," translated as "Metal Enamelling Plant from Guastalla Emilia") is an Italian home appliance manufacturer based in the town of Guastalla, in the Region of Emilia Romagna in Northern Italy, 30 kilometers north of the city of Reggio Emilia.
- 111. There is no such thing as a bad name…
- 112. www.bl.uk 112 Case study - Mascara Indomitable 1. Find the class… Class 3 - Skin care products etc 2. Search for similar names… 3. Find out who owns it… How similar are the names, and who owns them?
- 117. www.bl.uk 117 Solution - make your logo as different as possible • Add a word • Different image • Different type style • Different capitalisation? • Ultimately it’s a business decision… • How similar are the names… • And who the owners are
- 118. Let’s end this section on a positive for Dyson. Rivals may ‘copy’ their ideas and designs, but they can’t copy their trade mark and associated brand qualities.
- 120. www.bl.uk 120 Please fill in your forms – we really need them!
- 122. www.bl.uk 122 If you have any further questions……. bipc@bl.uk +44 (0)20 7412 7454 @BIPC or @britishlibrary
- 123. JK Rowling stole my idea! Expecto subpoenas! Nothing breeds intellectual property lawsuits like success. From the time Harry Potter was first published, the books have been challenged by other artists who contend that they — not Rowling — are responsible for all or part of the magic. The Court held that two boys with brown hair wearing glasses, was not sufficient to create a likelihood of confusion of substantial similarity for copyright purposes. A review from goodreads.com “…There truly aren't words to describe how awful … the rhyming tale of a young boy who withdraws from his friends when he finds out that he must get glasses, afraid that he will be ridiculed… I think I want a refund!”
Editor's Notes
- Ideas and concepts themselves are not protected You cannot patent an idea for an invention. The invention itself has to be produced or a patent application containing the invention must be filed with the IPO. While all inventions start with an idea, not every idea can be called an invention!
- Ideas and concepts themselves are not protected You cannot patent an idea for an invention. The invention itself has to be produced or a patent application containing the invention must be filed with the IPO. While all inventions start with an idea, not every idea can be called an invention!
- Nick Skaliotis. Still waiting to go global… It turned out this was the very first public outing for the his new invention, which he claimed would make digging gardens significantly easier. Mid-way through our conversation I asked if Nick had patented his invention, he looked more closely at me and said, "I know you". It turned out he has been a regular in the Business & IP Centre at the British Library. In addition to getting help with his patent from our wonderful Inventor in Residence Mark Shehean. He also attended several of our workshops including lean start-up webinar, social media for business and trade marks.
- Introduction what is IP:- Intellectual property is creations of the mind, such as, inventions, literary and artistic works; symbols, names and images used in commerce. Intellectual property is divided into 2 categories – (1) Industrial Property embraces/contains patent for inventions, trademarks, industrial designs and geographical indicators. (2)Copyright – which covers literary works (novels, poems, plays), films, music, artistic works – drawings, paintings, photograph, sculptures, architectural design etc. Rights related to copyright include those of performing artist in their performances, producers of phonograms (any written symbol standing for a sound – dictionaries pronunciation), broadcasters in their radio/TV programs. An idea alone is not intellectual property: You or I may have an idea for a book, that is not intellectual property, However, when you or I write the words for that book – those written words then become intellectual property, unique and creative.
- The formula which would be a trade secret Coca-Cola and Father Christmas: The Sundblom Santa story - 1931: ‘My hat’s off to the pause that refreshes’ We commissioned Haddon Sundblom (an illustrator) to create an image of Santa Claus. He may have been paid as much as $1,000 per painting - a lot of money at that time (you could buy a car for $700). For inspiration, Sundblom turned to Clement Clark Moore's 1822 poem "A Visit From St. Nicholas" (commonly called "'Twas the Night Before Christmas"). Moore's description of St. Nick led to an image of a warm, friendly, pleasantly plump and human Santa. (And even though it's often said that Santa wears a red coat because red is the colour of Coca-Cola, Santa appeared in a red coat before Sundblom painted him.)
- A patent registers your invention and lets you take legal action against anyone who makes, uses, sells or imports your invention without your permission You need to crunch figures to decide whether it would be worthwhile to patent or simply go to market with your product… In other words, will you recoup what you invest in the allotted time, 20 years.
- Your invention must: Be new Have an inventive step that is not obvious to someone with knowledge and experience in the subject Be capable of being made or used in industry Not fall within an excluded category
- May be patentable in other countries – e.g. USA/Japan/Korea allow business methods and software, USA and some European countries have a special type of intellectual property for plant varieties.
- May be patentable in other countries – e.g. USA/Japan/Korea allow business methods and software, USA and some European countries have a special type of intellectual property for plant varieties.
- If you can’t afford the full cost of a 20 year patent, consider using Patent Pending as a way of putting off your competitors.
- PCT – The International Patent System The Patent Cooperation Treaty (PCT) assists applicants in seeking patent protection internationally for their inventions, helps patent Offices with their patent granting decisions, and facilitates public access to a wealth of technical information relating to those inventions. By filing one international patent application under the PCT, applicants can simultaneously seek protection for an invention in a very large number of countries
- Business and Intellectual Property Centre Staff available to show how to search databases Patent Searching Workshops are provided at The British Library Business and IP Centre Research Service offers a fee based prior art search ‘Prior Art’ Before filing your patent application you should first check to see if anything similar has been patent before, this is know as a prior art search You must search worldwide, if it’s already been done abroad it isn’t new 2 main databases available Espacenet is a free Internet database, Very up to date, Comprehensive coverage of major authorities from early 1970s. Provides full copies of vast number of patent specifications. Hit rate can be overwhelming. Hit list not in any date order, nor are the hits grouped by ‘family’ Derwent is a subscription database, Very up to date, Comprehensive coverage of major authorities from early 1970s. Provides independent abstracts, Links to Espacenet, Very versatile - allows complicated search strategies with organised results Patent searching is a skill and is not easy we are here to help plus workshops
- Business and Intellectual Property Centre Staff available to show how to search databases Patent Searching Workshops are provided at The British Library Business and IP Centre Research Service offers a fee based prior art search ‘Prior Art’ Before filing your patent application you should first check to see if anything similar has been patent before, this is know as a prior art search You must search worldwide, if it’s already been done abroad it isn’t new 2 main databases available Espacenet is a free Internet database, Very up to date, Comprehensive coverage of major authorities from early 1970s. Provides full copies of vast number of patent specifications. Hit rate can be overwhelming. Hit list not in any date order, nor are the hits grouped by ‘family’ Derwent is a subscription database, Very up to date, Comprehensive coverage of major authorities from early 1970s. Provides independent abstracts, Links to Espacenet, Very versatile - allows complicated search strategies with organised results Patent searching is a skill and is not easy we are here to help plus workshops
- Business and Intellectual Property Centre Staff available to show how to search databases Patent Searching Workshops are provided at The British Library Business and IP Centre Research Service offers a fee based prior art search ‘Prior Art’ Before filing your patent application you should first check to see if anything similar has been patent before, this is know as a prior art search You must search worldwide, if it’s already been done abroad it isn’t new 2 main databases available Espacenet is a free Internet database, Very up to date, Comprehensive coverage of major authorities from early 1970s. Provides full copies of vast number of patent specifications. Hit rate can be overwhelming. Hit list not in any date order, nor are the hits grouped by ‘family’ Derwent is a subscription database, Very up to date, Comprehensive coverage of major authorities from early 1970s. Provides independent abstracts, Links to Espacenet, Very versatile - allows complicated search strategies with organised results Patent searching is a skill and is not easy we are here to help plus workshops
- European Union[edit] Main article: Database Directive In European Union law, database rights are specifically coded (i.e. sui generis) laws on the copying and dissemination of information in computer databases. These rights were first introduced in 1996. On 11 March 1996 the Council of the European Union passed Directive 96/9/EC of 11 March 1996 on the legal protection of databases,[3] giving specific and separate legal rights (and limitations) to certain computer records. The law calls these database rights. Rights afforded to manual records under EU database rights laws are similar in format, but not identical, to those afforded artistic works. Database rights last for 15 years. Each time a database is substantially modified, however, a new set of rights are created for that database. An owner has the right to object to the copying of substantial parts of their database, even if data is extracted and reconstructed piecemeal. Database rights under the EU are created automatically, vested in the employers of creators (when the action of creation was part of employment), and do not have to be registered to have effect. Database rights are independent of copyright: The arrangement, selection, and presentation of the data may be protected by copyright, while the database as a whole can be protected by database right.[4]
- An example: My patterns are for personal use only. Please do not copy for use by others in any form in whole or in part or make them up for re-sale. © Gwennol Designs My patterns are for personal use only, please do not knit up my design for re-sale - © Gwennol Designs Crafters use ‘Angel Policies’
- An example: My patterns are for personal use only. Please do not copy for use by others in any form in whole or in part or make them up for re-sale. © Gwennol Designs My patterns are for personal use only, please do not knit up my design for re-sale - © Gwennol Designs Crafters use ‘Angel Policies’
- An example: My patterns are for personal use only. Please do not copy for use by others in any form in whole or in part or make them up for re-sale. © Gwennol Designs My patterns are for personal use only, please do not knit up my design for re-sale - © Gwennol Designs Crafters use ‘Angel Policies’
- An example: My patterns are for personal use only. Please do not copy for use by others in any form in whole or in part or make them up for re-sale. © Gwennol Designs My patterns are for personal use only, please do not knit up my design for re-sale - © Gwennol Designs Crafters use ‘Angel Policies’
- Historical With industrialisation, commercialisation and globalisation, design became the first industry to trade globally: in the UK companies like Wedgewood, Chippendale and Morris and Co. supplied high quality mass produced products for burgeoning markets. The value of design as a property right was discovered. Design is all around us – Every brick, every building, every pixel, every font, every number, every shoe and every sock was designed to look the way it does. (The law relating to UK registered designs is set out in the 1949 Registered Design Act, as amended, and the Registered Designs Rules 2006. UK law in respect of registered designs is harmonised with European law, the principles of which are set out in the European Designs Directive.) Designs re assets which can be: Audited, Used as collateral, Licensed and traded
- Registered Designs: Aesthetics and the external shape of the object, which includes: appearance, physical shape, configuration (or how different parts of a design are arranged together) and the decoration. It gives the owner the right to stop anyone copying the external design of their product, within their geographical jurisdiction. In the USA registered designs rights are referred to as design patent. Britain also has a ‘Design Right’ providing automatic protection for 15 years from the date of creation, even when a registered design is not applied for.
- UK design Also Community Designs which cover the EU and The Hague agreement for International designs which cover worldwide. £35 to apply to register a design for a textile design made of lace or consisting mainly of checks and stripes £60 for all other products in the UK + £40.00 for any additional designs Maximum 25 years- renewable every 5 years Makes taking legal action against infringement and copying more straightforward. Once registered you can display your registration number on your design. If no objections or questions to your design application, it should be registered within 3 months
- Arnold J dismissed the claim on the basis that the two designs gave different overall impressions on the informed user. In coming to this conclusion Arnold J listed some of the key features of the two designs which were similar such as the 45° inclined and transparent bin and the large wheels at the rear spaced apart as far as possible. He found that there was a technical reason for those features.
- Arnold J dismissed the claim on the basis that the two designs gave different overall impressions on the informed user. In coming to this conclusion Arnold J listed some of the key features of the two designs which were similar such as the 45° inclined and transparent bin and the large wheels at the rear spaced apart as far as possible. He found that there was a technical reason for those features.
- Orla Kiely protected many of their iconic designs. This is perhaps her most well known Harlequin design.
- Arnold J dismissed the claim on the basis that the two designs gave different overall impressions on the informed user. In coming to this conclusion Arnold J listed some of the key features of the two designs which were similar such as the 45° inclined and transparent bin and the large wheels at the rear spaced apart as far as possible. He found that there was a technical reason for those features.
- In 2013 Magmatic, the owners of Trunki issued proceedings against PMS International Limited (PMS) the owners of Kiddiecase, for infringement of their European Community Registered Design (RCD, Registration No. 43427-0001), as well as a number of unregistered rights, for importing and selling “Kiddie Case”. To date they have always lost the cases they bring as well as subsequent appeals. The Supreme Court upheld the Court of Appeal's decision that PMS's "Kiddee case" product did not infringe the Community Registered Design (CRD) owned by Magmatic. This is in spite of the observation by Lord Neuberger that: […] the conception of the Trunki, a ride-on wheeled case which looks like an animal, seems to have been both original and clever […] Furthermore, it appears clear that Mr Beverly of PMS conceived the idea of manufacturing a Kiddie Case as a result of seeing a Trunki, and discovering that a discount model was not available. Unfortunately for Magmatic, however, this appeal is not concerned with an idea or an invention but with the design.
- An applicant for a Registered design is entitled, within very broad limits, to submit any images they choose to illustrate their design. At the same time the applicant should appreciate that it will always be the submitted images which exclusively identify the nature and extent of the monopoly which they are claiming. For example where a design is shown on the application in colours, the colours are assumed to be claimed unless otherwise clearly stated. However, if the photos or drawings are in black and white then all colours are covered as the black and white images are assumed to show that the registered design is for the shape of the product only, not the colours and/or decoration. The image from the Trunki registered design application shown here is clearly different from the Kiddiecase.
- Now lets take a look at the Trunkie image without the shading and the contours. Just looking at the white outline it is much clearer that Kiddiecase is extremely similar to the Trunkie and that by being so precise in their registered design images Trunkie have done themselves no favours. So what should you do?
- Black and white line drawings of the product are strongly preferred since these will generally be interpreted as showing the external shape or contouring only, without limitation as to surface decoration (or lack thereof).
- How many of you have iPhones or Samsung phones? they are all just phones. You have bought into the image and now describe them using their Trade Marks.
- “A sign must be capable of being represented on paper with sufficient clarity and must be able to distinguish the goods or services of one trade from another, and to act as a ‘badge of origin’ ensuring that the customer knows where the good or services have come from.” Sec 1(1) 1994 Trade Marks Act states: 1. – (1) In this Act a “trade mark” means any sign capable of being represented graphically which is capable of distinguishing good or services of one undertaking from those of other undertakings.” A trade mark may, in particular, consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging.
- &pizza is a well-known pizza chain business on the United States’ (US) east coast, famous its oval shaped pizzas. @pizza, a pizza restaurant chain from the United Kingdom (UK) in Glasgow, Scotland and England, also sell oval shaped pizzas. &pizza’s owners initiated legal proceedings against the British @pizza business alleging copyright, trade mark infringement and trespassing. They claim @pizza’s owners visited an &pizza restaurant in Washington in the US, taken photographs of the oval shaped pizzas without permission, copied the &pizza website and promotional materials and mimicked these to create their @pizza in the UK. The American &pizza business was ultimately not successful in the legal proceedings. The Court found that the acts of infringement did not occur in the US jurisdiction and that @pizza’s conduct in taking photos of the oval pizzas without permission and copying the interior layout of the restaurant was neither a breach of copyright or trespassing. Although the Court conceded @pizza’s actions could negatively impact on &pizza’s business, US courts do not have the power to grant injunctions that carry an ‘extraterritorial effect’. Therefore, if &pizza wished to pursue @pizza further, it should initiate proceedings in the UK. This case certainly demonstrates a fine line between imitation being the greatest form of flattery and cunning (or bad faith) business practice.
- Gardening firm, situated between crematorium and sex shop, played comic role in final throes of president’s campaign As Donald Trump’s rise was accompanied by branded merchandise – steaks, ties, boxers and red Maga hats – so his descent may come to be known by the stickers, shirts and hoodies now being sold by an obscure Pennsylvanian landscaping company that wound up playing a comic and widely celebrated role in the final throes of the president’s re-election campaign. Four Seasons Total Landscaping – a Philadelphia groundskeeping company situated between a crematorium and a sex shop where on Saturday Rudy Giuliani somehow held a press conference about baseless claims of voter fraud – has swiftly sought to cash in on its newfound fame, selling merchandise emblazoned with Trump-inspired puns. “MAKE AMERICA RAKE AGAIN”, read one sticker on sale on the company website on Monday. It also featured the phrase “LAWN AND ORDER!” The stickers were selling for $5 each.
- Using ‘TM’ on a trademark does not break the law as it does not indicate that the trademark is registered. You would only be breaking the law if you used ® or the abbreviation ‘RTM’ If litigation occurs proof is needed that the mark is well known in the area of business the company is suffering from the competition misrepresentation must be shown to have occurred (e.g, passing off their product/service as yours) – it’s hard to prove all three, as required
- Using ‘TM’ on a trademark does not break the law as it does not indicate that the trademark is registered. You would only be breaking the law if you used ® or the abbreviation ‘RTM’ If litigation occurs proof is needed that the mark is well known in the area of business the company is suffering from the competition misrepresentation must be shown to have occurred (e.g, passing off their product/service as yours) – it’s hard to prove all three, as required
- UK IPO – Gov.UK website for trade marks Madrid Agreement – centrally administered system of obtaining a bundle of trademark registrations in separate jurisdictions. TMView – tool which shows trade mark information, updated daily by trade mark offices
- Marks which show quality, quantity, purpose or value cannot be registered Domain names are sometimes more effective than trade marks, e.g. compare-the-market.com (which cannot be registered as it describes what it does), as it advertises on TV to get people to go to the website A descriptive company name can effectively be used as a trade mark as well as using it, for example, on a shop front or on a goods van (e.g. Junk and Disorderly and Rocket Van, which are actual examples) A company name is not the same as a trade mark – if it’s important in trading (or to avoid someone else using it) register the wording as a trade mark, if you can
- The small Canadian town of Asbestos that decided it needed a rebrand has done away with the name derived from its mining heritage. The Quebec town, home to some 7,000 people, voted for "Val-des-Sources" as its new moniker.
- I actually think this is a really naff marketing line, but I can see what they are getting at.
- Statistical chance says there will always be coincidence of names and storylines. But has the detail been ‘stolen’, or are there just a few elements in common?