Category: Infringement
Financial Compensation for Intellectual Property Infringement
| 5th November 2018
An intellectual property right is fundamentally a right to prevent competitors from using your brand, invention, design, copyright work, or whatever. But what if they do? A rightsholder who successfully sues for infringement will be able to obtain an …
Nikola v Tesla – patent trolling or genuine concern?
| 12th May 2018
Trucking start-up company Nikola have sued Tesla for $2 billion, alleging that Tesla have infringed their US design patents for an alternative fuel truck. Nikola is a start-up company founded by self-described serial entrepreneur Trevor M …
Playing Chicken: NANDO’S v FERNANDO’S
| 20th March 2018
If you are ‘gallinivorous’ (someone who eats chickens), it is fair to say you are having a rough time. In February, the national Kentucky Fried Chicken (KFC) shortage temporarily closed almost two-thirds of the United Kingdom’s KFC branches. In …
Crime and punishment: Trademark Infringement in the grey market.
| 23rd November 2017
Whilst most incidences of trademark infringement are dealt with by the bringing of civil proceedings, it is an often-overlooked fact, that the Trade Marks Act 1994 (TMA 1994) prescribes for an action for trademark infringement in criminal law. C …
When is a McVitie’s not a McVitie’s, this really takes the biscuit: are we being tough enough on Copycat brands.
| 14th September 2017
The Biscuit Dilemma: How many times have you gone down to your local shop, picked up a packet of your favourite biscuits, in my case a packet of McVitie’s chocolate digestives, only to arrive home and to find that you’ve been ‘duped’ into purchasing a …
Our Services: The Company Names Tribunal
| 2nd August 2017
Here at Albright IP, we are always striving to find ways to help our clients be in control of valuable and effective intellectual property rights. In doing this we offer more than services relating to the drafting, filing, and prosecuting of patent, de …
Morrisons and Morrisinghs: a pragmatic approach to Trade Mark infringement
| 28th July 2017
In 2012, a shopkeeper, Jel Singh Nagra, decided to name his small convenience store ‘Singhbury’s’, setting the name against a bright orange colour scheme. The ‘Singhbury’s’ sign and associated colour scheme appeared eerily familiar, and perhaps, unsurp …
Unjustified Threats: What you need to know
| 16th June 2017
In the UK, a person who is threatened with an action for infringement of intellectual property rights (either Patent, Design right or Trademark) can sue the ‘threat maker’ where the threat is unjustified, or groundless. A threat would be considered unj …
Negative associations: Dogs eat but they are not allowed to ‘dine’.
| 8th June 2017
In a recent decision at the High Court of England and Wales it was stated that dogs are not capable of dining, and that they merely eat. This was noted in the case of Azumi Ltd v Zuma’s Choice Pet Products Ltd [2017] EWHC 45 (IPEC). From the outset, it …
Orphan works – who owns the copyright? No excuse for infringement
| 15th March 2017
A work doesn’t have to be marked with a © to be a copyright work. Copyright originates automatically in any original literary, dramatic, musical or artistic work. Accidentally infringing copyright is therefore easier than you might think! To avoid infr …
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