Overview The Trade Marks Act 2002 allows for the registration of words, logos and other material as trade marks. The law recognises that traders may promote their goods and services by reference to names, logos and other aspects of branding, and that those features may become associated with that particular trader in the minds of members of the public. Branding helps consumers to choose between goods and services, and to that [...]
At the broadest level, the law recognises a difference between the rules applying to tangible and intangible property. Intellectual property law concerns rights associated with intangible property, being ideas, information and other results of intellectual effort and creativity. Why is intellectual property different from other property? The principal reason for intellectual property being governed by different rules from physical property (real property or chattels) is that the owner of an intellectual [...]
Search orders are extraordinary remedies which permit a plaintiff to enter the defendant’s premises to search for and confiscate documents (paper and electronic). They are sometimes described as the nuclear weapons for civil procedure, and are reserved for the most serious cases. They are the civil equivalent of a search warrant and are only available in the High Court. Given the nature of the procedure, an application for a search order is [...]
Sometimes an infringement of a plaintiff’s rights is so urgent that it needs to be dealt with before the usual trial process has run its course. In those cases, a plaintiff can apply to the Court for an interim injunction. This post looks at what an interim injunction is and the types of situations where the Court will typically grant one, the factors affecting the decision about to whether to apply for [...]
As should be fairly self-evident, the contract is the starting point for a contractual dispute. Each contract depends on its own terms and the conduct at issue, and therefore each dispute has its own uniqueness. There are, however, some common key features to such disputes. Terms Establishing the terms of the parties’ bargain is a crucial step before advice can be offered. Sometimes there will be a single written agreement signed [...]