Wrigley Claydon Solicitors

Category: Intellectual Property

  • A Step-by-step guide on how to apply for a trademark in the United Kingdom

    1. Determine the Need for a Trademark:

    Make sure you have a distinctive name, logo, or slogan that you want to protect ensuring that it is not already in use by another company.

     

    1. Trademark Search:

    Conduct a trademark search to check if someone else is already using a similar or identical trademark. Use the UK Intellectual Property Office’s (IPO) online search tools or consider hiring a trademark lawyer. .

     

    1. Classify Your Goods and Services:

    Trademarks are registered for specific classes of goods and services, so choose the right classes that match your business activities.

     

    1. Create a Trademark Application:

    Visit the UK IPO’s official website (www.gov.uk/guidance/trade-marks) to access the online trademark application system.

     

    1. Complete the Application Form:

    You’ll need to provide detailed information about your trademark, including the image (if it’s a logo) and a description of the goods/services it will cover. Be precise and accurate in your application.

     

    1. Pay the Application Fee:

    The cost may vary depending on factors like the number of classes and the filing method. Check the current fee schedule on the UK IPO’s website.

     

    1. Review and Submit the Application:

    Review your application for any errors or omissions and submit electronically once satisfied. Keep a copy of the application and any payment receipts for your records.

     

    1. Examination by the UK IPO:

    They will ensure that your application meets all the legal requirements, complies with trademark laws and does not conflict with existing trademarks. This can take several months.

     

    1. Publication of the Trademark:

    If your application passes the examination, it will be published in the UK IPO’s Trademarks Journal. This allows anyone with concerns about your trademark to object within two months.

     

    1. Opposition Period:

    During the two-month opposition period, third parties can raise objections to your trademark registration. If there are no objections, or if they are resolved in your favour, your trademark will proceed to registration.

     

    1. Registration Certificate:

    If your trademark application is successful, you will receive a registration certificate from the UK IPO. This certificate proves your exclusive rights to use the trademark within the UK.

     

    1. Maintain and Protect Your Trademark:

    It’s essential to monitor and renew your trademark periodically to maintain its protection. Trademarks in the UK are typically valid for ten years, and you can renew them indefinitely.

     

    It’s advisable to seek legal counsel or consult with a trademark lawyer throughout this process to ensure that your application is correctly prepared and to address any potential issues that may arise during the registration process.

  • Scotch Whisky secures trademark protection in Hong Kong

    The Scotch Whisky Association (SWA) has successfully registered Scotch whisky as a certification trademark in Hong Kong, enhancing legal protection for the category. This means that the descriptor ‘Scotch whisky’ can only be used on whisky produced in Scotland in line with production and labelling requirements.

    Rules state that Scotch must be made from the raw materials of water, cereals and yeast, and matured in the country for at least three years in oak casks.

    Prior to the trademark in Hong Kong, the protection of Scotch depended on the law of passing off, which could involve expensive and complex court proceedings.

    Suffering a dispute can have serious implications on you and your livelihood and reputation. Our dispute resolution solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Civil Litigation
    Dispute Resolution
    Commercial Litigation
    Intellectual Property Solicitors
    Spinningfields Office, Manchester

  • Dua Lipa facing fresh copyright lawsuit over hit song Levitating

    Dua Lipa and Warner Music Group are facing a $20m federal lawsuit in Los Angeles from musician Bosko Kante over copyright claims for the song Levitating.

    In a lawsuit filed on 31 July 2023, Kante claimed Dua Lipa used a talk box recording, made with a device worn around the neck that lets the user shape sounds of a synthesizer or guitar through their mouth, without his permission in three remixes of Levitating.

    It’s the third lawsuit regarding the song. In June 2023, a court dismissed a complaint from the reggae group Artikal Sound System. She is also involved in ongoing litigation with songwriters L. Russell Brown and Sandy Linzer.

    Suffering a dispute can have serious implications on you and your livelihood.  Our litigation solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in the litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Intellectual Property Solicitors
    Technology Dispute Solicitors
    Civil Litigation
    Dispute Resolution
    Commercial Litigation
    Spinningfields Office, Manchester

  • Apple loses appeal in London court in long-running Optis patent dispute

    The Court of Appeal has rejected Apple’s appeal against a ruling which found it infringed two patents on technology it uses in its iPhones and iPads.

    Optis Cellular Technology first sued Apple over the way it used Optis’  the patented technologies, which it said were essential for 4G connectivity and were found to be used by Apple’s iPhones.

    In 2022 the High Court ruled that two of Optis’ 4G patents cloud be deemed standard essential patents and that Apple had infringed them.

    In summer 2021, a jury in Texas awarded $300 million in damages to Optis Wireless to be paid by Apple because the 4G tech in its iPhones, iPads, and watches were deemed to have infringed Optis’s communications patents.

    The ruling followed an initial $506 million award in damages after which Apple later persuaded the Judge to order a retrial.

    Suffering a dispute can have serious implications on you and your livelihood.  Our litigation solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in the litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Intellectual Property Solicitors
    Technology Dispute Solicitors
    Civil Litigation
    Dispute Resolution
    Commercial Litigation
    Spinningfields Office, Manchester

  • Hacker jailed for selling Ed Sheeran songs on dark web ordered to pay back £100k

    Adrian Kwiatkowski, a hacker who stole two unreleased songs from Ed Sheeran and sold them on the dark web for cryptocurrency has been ordered to pay £101,053. About half of the money he has to pay is currently held in Bitcoin.

    He was charged with copyright infringement and possessing criminal property and was jailed for 18 months.

    If the payment is failed to be made within three months, he will face a further 18 months imprisonment.

    Suffering a dispute can have serious implications on you and your livelihood. Our litigation solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in the litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Intellectual Property Solicitors
    Technology Dispute Solicitors
    Civil Litigation
    Dispute Resolution
    Commercial Litigation
    Spinningfields Office, Manchester

  • Ed Sheeran cleared of infringing copyright in Marvin Gaye lawsuit

    Ed Sheeran has successfully defended another copyright infringement lawsuit in the US after facing a jury trial following claims that his hit “Thinking Out Loud” lifted bits from 1973 Marvin Gaye classic “Let’s Get It On.” He was sued by heirs of songwriter Ed Townsend, Gaye’s co-writer on the 1973 song who were seeking a share of the profits from Thinking Out Loud, saying that the syncopated chord progression was copied from Let’s Get It On.

    Thinking Out Loud went to No 1 in the UK and No 2 in the US and won a Grammy award for song of the year in 2016.

    Sheeran has encountered other copyright lawsuits in the past, including 2014’s “Photograph” which was settled out of court and Tim McGraw and Faith Hill duet “The Rest of Our Life,” which was dismissed.

    Kandi Burruss and Tameka “Tiny” Cottle of Xscape also received credit on “Shape of You” after fans noticed similarities between the track and TLC’s 1999 hit “No Scrubs,” which the duo co-wrote. During an earlier 11-day trial earlier this year, artist Sami Switch accused Sheeran of using his 2015 song “Oh Why” for “Shape of You.” However, a judge ruled that Sheeran had “neither deliberately nor subconsciously copied” Switch’s song.

     

    Suffering a dispute can have serious implications on you and your livelihood.  Our litigation solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in the litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Intellectual Property Solicitors
    Civil Litigation
    Dispute Resolution
    Commercial Litigation
    Spinningfields Office, Manchester

    [Photo Credits: John Minchillo/AP]

  • Aldi loses court battle with Marks and Spencer over festive gin bottles design

    The High Court has ruled that Aldi infringed the design of Marks & Spencer‘s light-up Christmas gin bottles. This means that Aldi could have to pay damages to M&S or pass on profits from sales of the product. Aldi has said it will appeal against the judgment.

    The case was the latest legal dispute between the companies, after M&S had previously accused Aldi of copying the design of its Colin the Caterpillar cake. This case settled in 2022.

     

    Suffering a dispute can have serious implications on you and your livelihood.  Our litigation solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in the litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Intellectual Property Solicitors
    Civil Litigation
    Dispute Resolution
    Commercial Litigation
    Spinningfields Office, Manchester

  • Darlington market trader, Bao Wow, faces legal action over branding by US food giant

    Jonathan and Alicia Horsley who run an independent Pan Asian Street food business called Bao Wow at Darlington Market have been threatened with legal action by Wow Bao a US business based in Chicago which supplies over 500 restaurants across America over their choice of name.

    Wow Bao claim the use of Bao Wow will infringe the Wow Bao Trade Marks under section 10(2) of the Trade Marks Act and would cause confusion on the part of the public.

    Mr and Mrs Horsley say their name is an innocent coincidence but do not have the wish or resources to legally fight it and so are turning to the public to help come up with a name change.

    Suffering a dispute can have serious implications on you and your livelihood and reputation. Our dispute resolution solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Civil Litigation
    Dispute Resolution
    Commercial Litigation
    Intellectual Property Solicitors

  • Kanye West accuses Adidas of blatantly copying his Yeezy designs

    In a now deleted Instagram post Kanye West accused Adidas of selling a fake version of his signature trainers Yeezy. West stated that the latest adidas, Adilette Slide 22 is a copy of his Yeezy Slide. Both shoes feature a similar lightweight, slip-on design and come in a beige colour.

     

    Suffering a dispute can have serious implications on you and your livelihood and reputation.  Our dispute resolution solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Civil Litigation
    Dispute Resolution
    Commercial Litigation
    Intellectual Property Solicitors

  • Muslim Dating Site Muzmatch Loses Trademark Case Against Match Group

    Muslim marriage app Muzmatch has lost the right to use its name after a trademark dispute with US dating giant Match Group, which owns Match.com, Hinge and Tinder after Judge Nicholas Caddick sitting in The UK Intellectual Property Enterprise Court on Wednesday ruled that Muzmatch took an “unfair advantage” over the association of the word “match”  which could lead consumers to believe the two companies were connected.

     

    Muzmatch said it does not have an alternative name and plans to appeal against the decision, arguing that the word “match” is a descriptive English term for matchmaking.

     

    A Match spokesperson said: “We are pleased that the court recognised what we have known to be true: that Muzmatch has unfairly benefited from Match Group’s reputation and investment in its brand and was riding Match Group’s coattails for undeserved gain in this highly competitive market”.

     

    Suffering a dispute can have serious implications on you and your livelihood and reputation. Our dispute resolution solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811(Option 6) or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

    Civil Litigation
    Dispute Resolution
    Commercial Litigation
    Intellectual Property Solicitors