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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. 

Passing off trade mark copyright infringement

 

Passing off trade mark copyright infringement

Passing off trade mark copyright infringement cases
 
(1) Appeal from the High Court of Justice Chancery Division
 
Before: The Chancellor of the High Court Lord Justice Jackson and Lord Justice Elias Between:
 
Claimants/Respondents
 
(1) The Newspaper Licensing Agency Limited
(2) MGN Limited
(3) Associated Newspapers Limited
(4) Express Newspapers
(5) Guardian News and Media Limited
(6) Telegraph Media Group Limited
(7) Independent Print Limited
 
and
 
Defendants
 
(1) Meltwater Holding BV
(2) Meltwater News UK Limited
Defendants/Appellants
(3) Public Relations Consultants Association Limited
Neutral Case Citation: [2011] EWCA Civ 890
 
Facts
 
Case between newspaper publishers their representative body the Newspaper Licensing Agency (NLA) (manages IPRs of it’s members) and media monitoring organisation (MMO) Meltwater and subscriber to Meltwater News and users of their services Public Relations Consultants Association Limited (PRCA). NLA issued a Web Data Licence (WDL) to NLA’s and a Web End User License (WEUL) to (PRCA’s). The Defendants were contending that no infringement of copyright is committed by not holding a WDL and/or a WEUL.
 
There is copyright in newspaper headlines or website ‘scrapings’.
 
(2) Before: The Hon Mr Justice Arnold
 
Between:
 
Claimant
 
Forensic Telecommunications Services Limited
 
and
 
Defendant
 
(1) The Chief Constable of West Yorkshire Police
(2) Stephen Hirst
Judgment Date: 9 November 2011
 
Facts
 
The High Court gave guidance on the relationship between copyright and the sui generis database right. The case concerned tables of data containing permanent memory absolute addresses for mobile phones. Arnold J found that copyright didn’t subsist in the tables as they were not a product of the author’s own intellectual creation by reason of the selection or arrangement of their contents. The defendants had infringed the database rights in the tables and breached confidentiality, by making unauthorised use of the tables.
 
(3) Before: His Honour Judge Birss QC
 
Between:
 
Claimant
 
Dame Vivienne Westwood OBE
 
and
 
Defendant
 
Anthony Edward Knight
Judgment Date: 22 March 2011
 
Facts
 
Vivienne Westwood brought claims for (i) trade mark infringement; (ii) invalidity of various trade marks registered by Mr Knight which were identical or very similar to her prior marks; (iii) passing off; and (iv) copyright infringement. Vivienne Westwood was successful in all her claims. The case emphasises that anyone who takes an original mark and merely adds some minor detail to it like an insignificant prefix or suffix will not avoid liability. What is important are the dominant aspects of the mark. It is the conceptual impact on the mind of the consumer that counts. The court also commented that although some of the instances of passing off were not as strong there was a general mimicking which created a link with Vivienne Westwood.


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

If you like this review of intellectual property cases then you might like our articles on:

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