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Intellectual Property Newsletter – Summer 2015

Welcome to the Summer Intellectual Property newsletter from the Clarke Willmott IP team.

As always, this newsletter will provide a brief overview of some of the key developments in the IP field over the last few months. We hope that you enjoy it!

If there are any issues you wish to discuss further, please contact Roy Crozier or Susan Hall.

Using identical trade marks is far from ‘Ideal’

The case of IPC Media Limited  v Media 10 Limited ([2014] EWCA Civ 1439) concerned the use of the term ‘Ideal Home’ by two different businesses and highlighted the importance of taking early action against another business that uses the same brand.

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Purge of illegal sites offering counterfeit products

Since the start of 2015 the UK’s Police Intellectual Property Crime Unit (PIPCU) has suspended more than 2,000 websites selling fake luxury goods.

Sites suspended as part of ‘Operation Ashiko’ sold counterfeit versions of high-end goods including Burberry, Longchamp, Abercrombie, Oakley, Tiffany & Co and Thomas Sabo.

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New OHIM Fast Track Applications

OHIM (the registry responsible for Community trade marks) is now accepting trade mark applications under its new “Fast Track” system.

The system allows applicants to have their trade mark applications examined and published faster than under the standard process, provided that applicants comply with a number of conditions.

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Technology Refresh: Nightmare, Opportunity or Both?

These days every organisation depends on information and communications technology (ICT). However, given the pace of change in the digital world, ICT systems rapidly become obsolete. Technology refresh – the process by which an organisation overhauls its ICT infrastructure to keep it up to date – is a constant concern.

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Quarterly report on trade mark decisions – Summer 2015

We are pleased to present our report on trade mark decisions from the last few months.

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NOW TV, passing off and why reputation is not enough

On 13 May the UK Supreme Court delivered its judgment in Starbucks (HK) Limited and another v British Sky Broadcasting Group PLC and others (Starbucks v BSkyB). The case is significant because it considered the law of passing off in the context of a business world transformed by technology into a global market place.

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