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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How do you become a high growth digital technology business attracting investors and corporate clients?

What we do at PAIL is assist start-ups that already have a product and are revenue generating but are still looking to make that transition to corporate clients or to take investor funding. This transition is not an easy one. If your business has largely been done by employing people-per-hour consultants on a pay as you go basis or writing your contracts yourself, it is difficult to navigate the complexity of licensing technology to a corporation as all of them have rigorous procurement processes. One of the major validation concerns of corporations and investors is the longevity of your business model i.e. are you a here today and gone tomorrow. Apart from ensuring legal compliance we offer insight into how a business can be better prepared from generating revenue to being a high growth business. We are fortunate enough to represent a few such businesses. Are you feeling the itch to make the shift from selling to consumers and SME’s to acquiring corporate clients and institutional investors?

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Investment Fund Trademarks – Fund Firms Struggle to Find a Name to Call Their Own

So, you want to trademark a name for your investment fund. You have taken general legal advice and have been told that in a word phrase like ‘BARON INVESTMENTS’ the secondary words in the phrase are of no consequence in determining infringement and trademark ability. Indeed, so long as you have trademarked ‘BARON’ for financial services including investment management in the UK, EU and US markets then you can get an injunction to stop anyone else using the name ‘BARON’ as part of any word phrase for financial services in the UK, EU and US markets, and force them to recall all their advertising and pay you money damages, or/and trademark any secondary word or words with that name, right?

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Using brand names on websites

Marketing a service or product is a very important part of creating brand awareness and generating sales. Brand names have meaning to people. They are associated with good reputation or in some cases not so good. Businesses spend millions on building brand names and creating brand awareness. Obviously a great way to promote your business is to use these brand names in your website business description, item descriptions, keywords, search tags to try to project the image that you are associated with them. There will be no repercussions if you use brand names, right? Well not quite.

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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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Do-it-yourself trademark registration

It may appear simple enough. You make an application for trademark registration using form TM3, which you can download or complete on-line. You are required to provide an illustration of the mark and indicate whether it is a series of marks. If it is a series of marks, then you are limited to six marks in the series. The goods and services you may apply for are divided into 45 classes. This is all set out under the Nice Classification. You just say what goods or services you want the mark to cover. In-fact only a very small percentage of trademark registration applications are challenged. It can cost you as little as £170 for the whole process without a lawyer. It makes sense to do it yourself, and then get a lawyer if the trademark is ever challenged. That simple, right? Well, not always.

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Intellectual Property Enterprise Court

the Intellectual Property Enterprise Court has multi-track and small claims track procedures. The small claims track procedure is particular useful to eCommerce (Internet)businesses who trade multiple branded products online and are continually victims of infringement but are put off by the prospect of long, complicated and expensive litigation. Small claims are suitable for cases of a value around £10,000 and costs are severely restricted. Damages in the multi-track procedure are limited to £500,000 and there is a cap of £50,000 on costs.

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Song writing credits copyright splits?

Song writing credits copyright splits where recently clarified by the Intellectual Property Enterprise Court in the Touch Sensitive Case. About a month ago, on the 20 May 2015, Miss Recorder Amanda Michaels sitting as deputy enterprise judge at the Intellectual Property Enterprise Court handed down judgment in yet another dispute issued in the IPEC regarding song writing credits and royalty splits. The case is called (1) Minder Music Limited (2) Julia Adamson -and- Steven Sharples [2015] EWHC 1454 Minder Music Limited was the first claimant, Julia Adamson the second and Steven Sharples the defendant.

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