Intellectual Property Lawyers l Digital Media Solicitors
Specialist Intellectual Property and Digital Media Legal Advice

Blog For Empowering Creatives: IP and Digital Media Lawyers Insights

PAIL Solicitors IP and Digital Media Blog

Our Blog

.

When I think of Frank Sinatra's "My Way," I see a connection to the main ideas behind intellectual property law. "My Way" embodies personal expression and an individual's journey through life, which parallels the concept of the ideas-expressions dichotomy in copyright law. It echoes the principle that music, literature, or art can be copyrighted while allowing others to explore the same ideas without infringing upon that particular expression. Sinatra's anthem also celebrates uniqueness, which is reflected in the definitions of all of the varying types of intellectual property.

The Purpose of This Blog

The articles on this blog are all written, reviewed, and edited by me, Mr Peter Adediran, the Digital Media and Intellectual Property Solicitor at PAIL Solicitors. They are intended to empower the new generation of business executives, professionals, business owners and creatives who want to keep up with intellectual property, digital media and entertainment law in the digital age. Most importantly, empower the community of creatives who want to create works "their way". In today's rapidly evolving digital landscape, staying informed and increasing knowledge in specialised legal services is crucial for e-commerce and digital technology businesses. At PAIL® Solicitors, we understand the unique challenges start-ups, business owners, professionals, business executives, creatives, writers and talent face in protecting their intellectual property and navigating legal complexities. By reading this blog and engaging us as your legal representatives you can safeguard yours and your company's reputations, make informed financial decisions, and confidently expand into new markets by focusing on continuous learning and expertise in these areas.

This blog contains articles on the following themes:

  • Advice on Protecting Digital Content

Encouragement to Stay Informed and Protected

For creatives and businesses alike, staying informed about legal issues surrounding intellectual property is critical. Knowledge is a powerful tool for safeguarding one’s work from infringement or misuse. We encourage individuals to engage with our resources, participate in discussions, and keep abreast of developments in IP law. 

Branding

 

Branding Lawyers London

As branding lawyers London we understand the difference between branding and a brand. Branding Lawyers London advise on establishing a brand, branding is an action. Whereas a brand is a noun, a marketing tool. We advise on both branding and brand protection.

Protecting your trading identity

The Internet has increased the difficulty and importance of protecting your trading identity in a global and highly competitive marketplace. The humble trademark still remains the most effective way of protecting your brand online. There are differences and similarities between a brand and a trade mark. A brand is an intangible perception in the mind of a customer. A blogger referred to it as: “brands are things to people“.

Brand versus Trademark

So a brand takes on its own valuable properties detached from the underlying goods and services. A trademark is something different. It is a legal instrument used to identify the origin of the relevant goods or service. In other words it does not necessarily have the same meaning as that attached to a brand.

Section 1 of the Trade marks act 1994 (TMA) defines a trade mark as:

any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings“.

For more information on UK trademark law refer to the Trade Mark Act 1994 – UK Trade Mark Law.

It is the effect of the sign that is important, namely that it is capable of distinguishing goods or services of one undertaking from the goods and services of another undertaking. Whereas the brand is identifiable by itself without any particular good or services being attached. This is certainly an interpretation.

Another interpretation is that a brand and a trade mark are the same thing. Like a brand a trade mark is intangible, it is distinctive, it is in a fixed form but there remains the complexity between the purpose of a trade mark and that of a brand. It is this complexity that forms the foundation for most litigation and arbitration relating to trade marks.

The legal system’s narrow view of trade marks versus the marketing community’s broader view of trademarks within the context of brand building and protection.

Conclusion

As mentioned earlier the introduction of domain names off the back of the Internet has further complicated the relationship between the brand and the trade mark. The invisible use of brands and marks in Google Text ads – see case and domain name marketplaces, offering domain appraisals, brokerage services and domain parking services demonstrate a conflict between the Internet and a traditional trade mark culture.

The extra judicial dispute resolutions procedures for dealing with this clash in cultures, ICANN, UDRP, NOMINET DRS, although imperfect have done a great job in dealing with the tension between domain names and trademarks.

To obtain a quotation, please contact us at (020) 7305-7491 or at peter@pailsolicitors.co.uk. We would be delighted to assist you. Mr Peter Adediran is the owner and principal solicitor at PAIL® Solicitors.  Subscribe to our newsletter to get blog post updates and other information about the firm straight to your inbox.

Meet The Team: Peter Adediran; Maya El Husseini; Gabrielle Felix; Poppy Harston