Liability Win For Our Client on Use of Competitor’s Trademark on Google Ads

Peter Adediran’s specialist niche area of practice is intellectual property law – both contentious and non-contentious – as it relates to digital works including trademarks; copyright; patents and database rights PAIL® Solicitors. Read more on PAIL’s ® Resource Library

PAIL® recently obtained judgment on liability plus costs for our client in the UK Intellectual Property Enterprise Court. For more information about the court see the IPEC Court Guide.

The case concerned trademark use in Google Ads. Although Google have an ad policy requiring that Google Ads don’t infringe on third-party trademarks businesses still actively infringe other business brands in their Google Ad campaigns trading on the reputation of other business brands and/or diluting the brand of other businesses through overuse.

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High Court copyright infringement win in the battle of London fibrous plaster builders

Peter Adediran’s specialist niche area of practice is intellectual property law – both contentious and non-contentious – as it relates to digital works including photographs; text; databases; video; music PAIL Solicitors. Read more on PAIL’s Resource Library

Successful conclusion to High Court website digital product catalogue and text copyright infringement claim November 2018.

Cornices Centre Ltd v (1) Fibrous Plasters Ltd (2) Angelika Zdrojewska (3) Andrzej Olenski IP-2017-000157

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Is your company ready to defend against a data protection compensation claim?

Peter Adediran’s specialist niche area of practice is data protection and privacy law as it relates to digital business including websites and mobile applications PAIL Solicitors. Read more on PAIL’s Resource Library

If you are still not taking GDPR compliance seriously you need to do so now!

The EU General Data Protection Regulation (GDPR) (Regulations) was the biggest ever shake up to data protection laws, yet many organisations (i.e. businesses, companies, non-profit bodies) are still not properly prepared for them. It covers all types of personal data use including unwanted emails and security.

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Part 36 Offer of Settlement in the Intellectual Property Enterprise Court (IPEC)?

Peter Adediran’s specialist niche area of practice is copyright, trademark and patent disputes and protection relating to digital media including websites and mobile applications PAIL Solicitors. Read more on PAIL’s Resource Library or keep up with the firm on Facebook.

1. Background

The Intellectual Property Enterprise Court (IPEC) is a specialist list of the Intellectual Property List (Chancery Division) which is meant for small and medium-sized enterprises (SMEs). The idea is to provide quick affordable access to justice for SMEs. The Intellectual Property List includes three sub-lists: Intellectual Property, Patents Court and the IPEC, and is part of the Business and Property Courts of the High Court. A Part 36 offer is the same whether used in intellectual property or any other type of commercial litigation except that there are different costs rules in IPEC. HM Courts & Tribunals Service provide a detailed guide for businesses, and legal practitioners online on how to take a case to IPEC.

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How to defend digital copyright claims (what claimants and defendants can learn)?

How to defend digital copyright claims (what claimants and defendants can learn)?

The author is a UK qualified and fully licensed current practicing solicitor specialising in intellectual property cases and digital technology. His book A Business Guide to Business Law and the Internet published in 2002 has a whole chapter dedicated to Internet related copyright

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How To Make Effective Use Of Requests for further information – CPR Part 18?

Peter Adediran’s specialist niche area of practice is copyright, trademark and patent disputes and protection relating to digital media including websites and mobile applications PAIL Solicitors. Read more on PAIL’s Resource Library or keep up with the firm on Facebook.

1. What is a Part 18 request for further information?

1.1 A Part 18 requests for further information (RFI) is one of the tools in a litigators armoury in which to advance its claim, defence or counterclaim. It is a procedure in civil litigation used to get a better understanding of the case being made by the party receiving the request. It is called Part 18 RFI because that is the number where you can find the rules for this procedure in the White Book Civil Procedure Rules, the bible for UK litigation practitioners. The White Book is updated every year. You can also find the Civil Procedure Rules online.

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Suing non-UK domiciled company in online IP infringement cases?

Peter Adediran’s specialist niche area of practice is copyright, trademark and patent disputes and protection relating to digital media including websites and mobile applications PAIL Solicitors. Read more on PAIL’s Resource Library

For the purposes of this article we will use the infringement of copyright works in a website as the hypothetical case study, but we could use any type of digital works that are capable of copyright protection.

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Running Intellectual Property Litigation In England

This article sets out an overview of running an intellectual property dispute in England, it considers the initial matters that should be dealt with and forming a clear strategy from the outset as how to run the litigation.

Risks/Benefits analysis of litigating?
1. The first thing to consider is whether the proposed defendant has the financial means to pay legal costs and/or damages if your proposed litigation is successful.

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Brexit – UK’s Internet legal landscape following EU exit

The following article is a high level view of the consequences of Brexit from a legal perspective as it relates to Internet related business.
Background

At the outset there is only one thing for certain and that is that the legal position after Brexit does not have to be uncertain. Indeed, it is possible to extrapolate which laws will fall away and what will be left in place as this will largely depend on what type of post-Brexit model is adopted by the UK. With this in mind the background position regarding Brexit so far is as follows.

The EU is governed by (1) The Treaty of the European Union (TEU); and (2) The Treaty on the Functioning of the European Union (TFEU) (the “EU Treaties”). The referendum does not mean that the UK has automatically left the EU. Article 50 of the TEU sets out the necessary mechanisms for the UK’s departure. It provides that:

i) A Member State may leave within two years of notifying the European Council (the Council) of its intention to withdraw from the EU. There is a negotiation process for the withdrawal and future working relationship with the EU Art 50(2)(b);

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CRM database software licensing copyright infringement

High Court cases involving copyright infringement of CRM database software and billing software have increased exponentially as software companies compete aggressively for the same licensees in the customer relations, content management and sales space.

The recent case of Ultrasoft Technologies Limited v Hubcreate Limited Case No: IP-2015-000042, at the Intellectual Property Enterprise Court, is a good example of how the fierce competition is being fought out through the courts. Judgment was handed down on Wednesday 16th March 2016 by Judge Hacon.

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