National law firm Freeths has won a copyright infringement case for client THJ Systems, owned by Andy Mitchell, after court ruled ex-business partner Dan Sheridan wrongly used images of its software after their relationship fell apart. The Court of Appeal (COA) held that US-based trading mentor Sheridan wrongly used screenshots of risk and price charts […]
Shell’s ads relating to renewable energy have been found by the ASA to be misleading, reminding us how difficult it is to get green claims right. Shell was able to substantiate its green claims, however because its business activities also include on-going and expanding fossil fuel production, the ads were found to be misleading. The […]
Owners of EU trade mark and design applications that were pending on 1 January 2021 can file for an equivalent UK right and claim the earlier EU filing date if they file a new UK application on or before 30 September 2021. Usual filing fees will be required, but the original EU filing, priority and […]
From 1 January 2021 all applications for trade marks, registered designs and patents, or new proceedings before the UKIPO must have a UK or Channel Islands address for service. In practice, this means the representative must have a UK or Channel Islands address, or if an applicant in person your address must be based in […]
If you make Scotch whisky, Dorset Blue cheese or Traditional Cumberland sausages you will know all about geographical indications, or GIs. Have you considered the impact Brexit will have on the rights you use and on how you package your products? At 11pm on 31 December 2020, the Brexit transition period will end. Businesses must […]
The UK and the EU are presently in the ‘transition period’ of their separation, which ends at 11pm on the 31 December 2020 (Exit Day). It is yet to be seen what relationship the UK will have with the EU, but the position regarding intellectual property rights post-Brexit has been largely determined. Business as […]
A series of cases have arisen for food and drinks sector businesses. A round-up follows – full versions of these can be found in the Spring issue of Freeths IP magazine, IPSO FACTO. Brand names which imply health claims In May 2018 the ASA ruled that Pukka Herbs’ mustn’t make use of the DETOX TEA […]
Advertisers in the food sector face a challenging regulatory landscape, and can quickly be brought to task by the ASA if they are deemed to be in breach of codes of practice which protect the consumer. Recent trends and hot topics: The regulatory landscape in brief The Advertising Standards Authority has a broad remit, covering […]
1. The DETOX TEA case (ASA ref. A17-387241) In May the ASA ruled that Pukka Herbs’ DETOX TEA brand does not enjoy actionable goodwill (or rights in passing off) and that Pukka must not make use of the brand name in advertising unless backed-up by a permitted health or nutrition claim. What was this complaint about? […]
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