Making trade mark infringement cases should always start with a letter, then the follow up formal document in the appropriate legal format setting out the causes of action are crucial and should not be attempted lightly. This formal document making trade mark infringement cases is called a pleading.
There are different styles and methods of preparing these pleadings. Once the substance has been covered then differences are mainly down to style. In the recent case of Enterprise v Europcar incidentally addressed the subject of how pleadings are prepared when making trade mark infringement cases.
What is actually copyrightable? In a recent IPEC case the issue of what is actually copyrightable arose. Most copyright cases are mostly consumed with what is actually copyrightable? Only about four of the first few reported intellectual property cases of 2015 have caught my attention enough to be worth a quick article review, McCormack Trading v. Goldmark Trading is definitely one of them.
SO WHAT IS ACTUALLY COPYRIGHTABLE? Judgment was handed down by His Honour Judge Hacon on the 22 January 2015. The judgment is worthy of note for the specific reason that the firm gets a lot of copyright related enquiries from authors/owners of – books, TV commission proposals, film scripts, websites and mobile apps to name a few. Naturally I explain that only certain works are capable of copyright protection and there are other hurdles including original authorship to get over. What McCormack does is to give an actual recent working example of how copyright works in practice.