20. Trade mark and domain-name issues

2017 ◽  
Author(s):  
Ian J. Lloyd
Keyword(s):  
Information Technology ◽  
United Kingdom ◽  
Intellectual Property ◽  
Dispute Resolution ◽  
Intellectual Property Rights ◽  
Trade Mark ◽  
Domain Name ◽  
Trade Marks ◽  
The United Kingdom ◽  
Related Trade

This chapter focuses on trade mark protection in the United Kingdom. Trade marks constitute a key component of the system of intellectual property rights. The present law is to be found in the Trade Marks Act 1994, which was introduced in order to enable the United Kingdom to comply with its obligations under the 1988 EC Directive to Approximate the Laws of the Member States Relating to Trade Marks. The chapter discusses the effect of trade marks; the doctrine of passing off; trade marks and information technology; Internet-related trade mark disputes; the uniform dispute resolution rules; and trade marks and Internet search engines.

20. Trade mark issues

2020 ◽  
pp. 364-376
Author(s):  
Ian J. Lloyd
Keyword(s):  
Information Technology ◽  
United Kingdom ◽  
Intellectual Property ◽  
Dispute Resolution ◽  
Intellectual Property Rights ◽  
Trade Mark ◽  
Internet Search ◽  
Trade Marks ◽  
The United Kingdom ◽  
Related Trade

This chapter focuses on trade mark protection in the United Kingdom and its operation in the context of Internet related activities. Trade marks constitute a key component of the system of intellectual property rights. The present law is to be found in the Trade Marks Act 1994, which was introduced in order to enable the United Kingdom to comply with its obligations under the 1988 EC Directive to Approximate the Laws of the Member States Relating to Trade Marks. The chapter discusses the effect of trade marks; the doctrine of passing off; trade marks and information technology; Internet-related trade mark disputes; the uniform dispute resolution rules; and trade marks and Internet search engines.

28. Tortious protection of intellectual property rights

2019 ◽  
pp. 515-550
Author(s):  
Paul Torremans
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Common Law ◽  
Trade Mark ◽  
Trade Marks ◽  
Passing Off ◽  
Trade Mark Law ◽  
The Common ◽  
The Law

This chapter discusses the ways in which the common law, in the form of the law of tort, creates rights of action. It focuses on the torts of passing off and malicious falsehood, although attention is also paid to the ways in which defamation can assist. These rights are supplementary, and complementary, to the statutory formal rights. In particular, trade mark law and passing off closely overlap, although s. 2(2) of the Trade Marks Act 1994 preserves passing off as a separate cause of action.

scholarly journals Atbildība par preču zīmes tiesību pārkāpumu

2021 ◽  
pp. 121-127
Author(s):  
Jānis Rozenfelds ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Member State ◽  
Intellectual Property Rights ◽  
Civil Law ◽  
Trade Mark ◽  
Trade Marks ◽  
Time Period ◽  
Trade Mark Law ◽  
The Eu

The liability for violation of trade mark rights until 2020 was regulated by the law “On Trade Marks and Indications of Geographical Origin” (Trade Mark Law) of 1999, which was in force until 2020. However, during the time period between 2002, when Latvia joined EU, and as late as 2016, the Trade Mark Law referred to the Latvian Civil Law (Civil Law) as the main source of law. The problem was that the traditional methods of damage calculation as established by Civil Law significantly differ from specific methods of calculation of damages caused by violation of IP rights as provided by the Directive No. 2004/48/EK. Latvia as a member state provided for the measures, procedures and remedies necessary to ensure the enforcement of the intellectual property rights covered by the Directive No. 2004/48/EK only in 2007, i.e., three years after the accession to the EU. Those measures, procedures and remedies were only gradually introduced.

Cumulative Effect with Other Intellectual Property Rights

2016 ◽  
Author(s):  
David Stone
Keyword(s):  
United Kingdom ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Cumulative Effect ◽  
Intellectual Property Protection ◽  
Member States ◽  
The United Kingdom ◽  
Copyright Laws

Early debates discussed how best to overlay the proposed new rights with existing forms of intellectual property protection. Regimes differed in member states. Several, such as France, offered full cumulation of rights (unité de l’art). Most offered partial cumulation (for example, Germany and the United Kingdom). Italy prohibited cumulation under the principle of scindibilità. This chapter discusses Article 96 of the Regulation, which provides for overlap of rights, expressly mandating overlap with national copyright laws and allowing overlap with other forms of intellectual property protection.

United Kingdom (‘.uk’)

2015 ◽  
Author(s):  
Dawn Osborne ◽  
Steve Palmer
Keyword(s):  
United Kingdom ◽  
Domain Name ◽  
Trade Marks ◽  
The United Kingdom

To date, domain name disputes in the United Kingdom have tended to revolve around trade marks. Most larger companies who are sufficiently motivated and financially equipped to take such disputes through to a conclusion, own registered trade marks and/or strong trading goodwill.

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