Category: Commercial Law

Need Help With Your Websites Policies?

Posted on by Aston Bond Law Firm

Below we have set out an easy guide to what you need on your website.

Firstly you would need to implement “Terms and Conditions” on your website, a breakdown of this will include a clause stating that by viewing your website the user is bound by the terms and conditions of use.

Although not required for all websites, for more detailed websites it may be appropriate to have a “Definitions” section, defining the different sectors your business may have.

An essential part of the web policy will be that of “Liability”. Including this clause on to your website is vital as it will state that you will not be liable for any damages including indirect or consequential damages, or loss of profits arising from or in connection with the use or loss of use of your website. This also should include a provision that the users are responsible for ensuring that their PC or laptop is suitable for using your website.

A “Cookies Policy”, is also required, explaining the different types of cookies such as third party cookies and session cookies. This policy should be clearly defined. The purpose of cookies are used to measure how you use the website so it can be updated and improved based on the consumer’s needs.

A critical part of the website will be that of the “Data Protection Act”. These clauses will include that you as the owner of the website have a legal duty to protect any personal information you collect from potential clients or consumers.

A “Privacy Policy” should be sub-categorised in the data protection clause, as it relates to the fact that privacy is key in protecting your client’s information. This policy explains how you collect and use the information.

To find how you can implement all web policies and limit any liability against you as a business, speak to our specialists E-Commerce and Cyber law Solicitors.

Vinesh Patel, Paralegal

vpatel@astonbond.co.uk

How to Claim Your Businesses Twitter Handle and Protect Its Intellectual Property

Posted on by Aston Bond Law Firm

Twitter Logo Gaining Access to Twitter Username Business

A businesses intellectual property is one of its most valuable assets along with its staff and products. However, with social media becoming a big part of modern day business as both a marketing and customer service tool businesses around the world are taking action to get the right Twitter handle (username) for them. However, along with this many individuals around the world are also registering Twitter accounts with prominent business names with the plan to sell it to the business at a later date.

One example is Qantas Airways. The internationally recognised brand and business currently uses the Twitter handle @QantasAirwars, however, there is no doubt that if they could they would use the Twitter handle @Qantas as it makes their brand more recognisable and respected throughout Twitter. However, due to the fact that an unknown individual has registered the username @Qantas with the aim to sell it at a later date Qantas Airways are unable to register it, or are they?

Twitter’s policy in regards to intellectual property infringement make clear that impersonating a brand, business or public figure is not allowed and in order to protect brands and businesses in particular Twitter have a number of safe guards in position to gain access to your Twitter handle.

One way is very simple. If a Twitter account is using your businesses Twitter handler (e.g. @Qantas) with the intention to impersonate and mislead customers then you, the business, have the right to reclaim this username. You can do this by contacting Twitter directly and shortly after they will review your claim and make a final decision.

An alternative way to gain access to your businesses Twitter handle is by claiming an account is inactive. However, the term “inactive” is used lightly. If an individual logs in to that particular Twitter account but does not tweet that account is still considered active by Twitter. But if that account is not logged into and tweeted for a certain time period Twitter will consider that account inactive and may hand over the Twitter handle to you.

While Twitter users can claim a Twitter handle for being inactive even if they do not own the intellectual property used within that handle Twitter is unlikely to hand it over. It is for this reason that it is always a good idea to only attempt to claim Twitter handles that infringe on your brands or businesses intellectual property.

If you have any further questions about your businesses intellectual property rights and the laws surrounding intellectual property in England and Wales please contact our specialist intellectual property solicitor. Also, follow our solicitors in Slough on Twitter.

Ashton Hudson, Online Marketing Executive 

ahudson@astonbond.co.uk

Our solicitors in Slough assist clients across England and Wales with intellectual property law and can be contacted by calling 01753 486 777 or emailing info@astonbond.co.uk. Alternatively, you can visit our offices at 135 High Street, Slough, Berkshire, SL1 1DN.

Intellectual Property Law: How to Protect Your Personal Image

Posted on by Aston Bond Law Firm

David Beckham, Rio Ferdinand and Usain Bolt are just a handful of big names whose images are highly valuable along with big name groups such as Take That and One Direction. It is for this reason that English intellectual property law now allows individuals and groups to protect themselves from being wrongfully connected to product or service endorsements or sponsorships.

The new law is interesting. Not only does it allow you to protect the name of an individual or group but also protect the silhouette, features, mannerisms, photographs, illustrations and signature. Furthermore, by registering such intellectual property law protection you will gain full commercial control of yourself and you will be able to, in the eyes of the law, stop others from infringing upon it.

The new intellectual property law protection is formally called ‘image rights’ and can be registered through the Guernsey Registry. And while the new ‘image rights’ law is certain to cause many disputes across England and Wales it is also certain to provide valuable individuals with further ways to protect their personal brands.

Ashton Hudson, Online Marketing Executive 

ahudson@astonbond.co.uk

Our solicitors in Slough assist clients across England and Wales with intellectual property law and can be contacted by calling 01753 486 777 or emailing info@astonbond.co.uk. Alternatively, you can visit our offices at 135 High Street, Slough, Berkshire, SL1 1DN.

Intellectual Property Law: Can You Copyright an Idea?

Posted on by Aston Bond Law Firm

Millions of Brits watch TV every night, and millions will also visit the Theatre or cinema in the coming weeks. However, when tucking into our popcorn or sinking into our sofas few of us consider the individual who thought up the idea for the show or performance we are watching.

However, the idea behind a TV show, movie or theatre show may be worth millions – but it still lacks the same intellectual property protection that a book, art piece or a piece of music may have.

So, can you copyright an idea?

The answer is not simple as it is dependent on what idea you are trying to protect. For example, a TV show or film may be protected by literary protection or the broadcast of the programme may and likely will be protected by law. However, this may differ with a theatre production.

But there is one area in which all ideas lack protection – the format itself.

Over the past decade a number of high profiled shows have been outsourced to other countries. This includes The X Factor, Britain’s Got Talent and MasterChef. However, many more have appeared around the world with no connection to the original broadcaster or Production Company.

This is, in-fact, because TV shows, movies and other similar products lack format protection – meaning that the format of a show can be copied without any legal protection.

Moreover, while a shows format may be recognizable to its viewers it would be difficult to prove that it has been copied in court.

On the other hand, in the past evidence including catchphrases and set designs have been used to prove or disprove format stealing – highlighting the fact that some aspects of an idea can be used to prove or disprove that it has been stolen.

But one thing is for sure. Your rights can vary dramatically dependent on the idea, its overall value and its overall originality; and it is for this reason that legal consultation should always be taken.

If you believe your design, idea or creation has been illegally copied please do not hesitate to contact our specialist intellectual property solicitors by calling 01753 486 777 or emailing info@astonbond.co.uk. Our specialist intellectual property solicitors can assist with patents, trademarks, and copyright law.

Ashton Hudson, Online Marketing Executive 

ahudson@astonbond.co.uk

Our Solicitors in Slough can be contacted by calling 01753 486 777 or emailing info@astonbond.co.uk. Alternatively, you can visit our offices at 135 High Street, Slough, Berkshire, SL1 1DN.

Red Tape Challenge: How The Government Is Loosening Business Name Restrictions

Posted on by Aston Bond Law Firm

The Government is loosening its restriction on sensitive words in company names. From 2014, businesses may no longer require the approval of relevant authorities to use words such as ‘regulation’, ‘national’, ‘international’, ‘authority’ and ‘European’ in the names of their companies.

In the past the Companies House have been able to reject names that contain these sensitive words, and them which are offensive or suggest affiliation with a government authority. Approximately 30% of applications containing prescribed words are rejected by Companies House each month.

In order to cut the amount of red tape surrounding the incorporation of companies, the Government is proposing to remove the words ‘abortion’, ‘authority’, ‘banknote’, ‘board’, ‘data protection’, ‘disciplinary’, ‘discipline’, ‘European’, ‘Giro’, ‘group’, ‘holding’, ‘human rights’, ‘international’, ‘national’, ‘oversight’, ‘pregnancy termination’, ‘register’, ‘registered’, ‘registration’, ‘registry’, ‘regulation’, ‘rule committee’, ‘United Kingdom’ and ‘watchdog’ from this list of sensitive words.

At present, businesses need to obtain approval from relevant bodies or Companies House in order to use these sensitive words in their company names. This prevents businesses from misleading customers about their business’ activities or from using racially or religiously offensive words. This change, along with others proposed by the Government as part of their red tape challenge, will reduce the amount of administrative tasks for start-up businesses. However, businesses must still remain careful as to not mislead customers through their company names and obtain approval for names suggesting a connection with a Government authority.

For further assistance on trademark, copyright or intellectual property matters please contact our intellectual property solicitors by calling 01753 486 777 or emailing info@astonbond.co.uk. Alternatively, you can find out more about our IP solutions by clicking here.

Dion McCarthy, Litigation & Employment Solicitor Advocate

dmccarthy@astonbond.co.uk

Our Solicitors in Slough can be contacted by calling 01753 486 777 or emailing info@astonbond.co.uk. Alternatively, you can visit our offices at 135 High Street, Slough, Berkshire, SL1 1DN.

The Worlds Most Valuable Trademarks

Posted on by Aston Bond Law Firm

A trademark is a name, or image that has been protected by its owner. For example, Apple’s logo is trademarked by Apple Inc. as is the name “Apple” within five nice classes. By trademarking the Apple logo and name Apple have prohibited any use of its logo or name in certain circumstances (e.g. computer terminals).

However, to some of the worlds biggest brands a trademark is much more than simple a piece of paper protecting its logo but its a document which stops potential competitors using its name without permission; and in order to protect their brand identity many brands are willing to pay big bucks to secure its brands name around the world.

Within this blog post I will run through the top 5 most valuable trademarks registered around the world.

Google

The “Google” trademark is valued at an amazing $44.3 billion, making it the most valuable trademark in the world. And since it was originally registered in 1999 the trademark has seen a boom in value as Google becomes one of the worlds most recognizable brands and most valuable companies.

Microsoft 

Much like Google Microsoft is one of the worlds most recognizable brands, and with a revenue of over $77 billion in 2013 alone they have worked hard to protect its valuable name. The “Microsoft” trademark is valued at $42.8 billion worldwide.

Walmart 

While Walmart is a less recognizable brand for individuals living in Britain its certainly both recognisable and highly respected across the pond with its trademark being valued at $36.2 billion. However, with over 2 million employees and a revenue running into the hundreds of billions the Walmart brand is considered one of the most valuable in the world.

IBM

IBM’s trademark is valued at an amazing $36.2 billion; making its trademark more valuable than the companies entire operating income in 2012. However, the world famous consultancy and computer hardware company has grown dramatically since its founding and continues to see growth today.

Vodafone 

With Vodafone’s trademark being valued at $30.7 billion its the highest value trademark for a British based business; and with a worldwide consumer based the company is considered one of the most recognizable telecommunication brands in the world.

So, while a trademark may appear to most as a simple “TM” after a logo, the worlds biggest brands see trademarks as much more. And with an in-house intellectual property solicitor Aston Bond has assisted many small and large businesses over the years with their trademark applications; and as more are registered more are likely to increase in value.

Vinesh Patel, Paralegal 

vpatel@astonbond.co.uk

Our Solicitors in Slough can be contacted by calling 01753 486 777 or emailing info@astonbond.co.uk. Alternatively, you can visit our offices at 135 High Street, Slough, Berkshire, SL1 1DN.

How Obama Is Hitting Back At Patent Trolls

Posted on by Aston Bond Law Firm

Apple and Samsung have become as famous for their patent disputes as they have their technological innovation over the past years as have many other big manufacturers. However, in the past ten years a new industry has been appearing with patent registrations growing at a rapid rate; the patent trolls. A patent troll is an individual or company which is seen to be licensing patents with the intent to make money from it through court cases against possible infringer’s. As both technology and communication innovation has rapidly grown over the past ten years more of these “patent trolls” have surfaced; however, the Obama administration is now hitting back.

In a recent daily press briefing by the Obama administration a spokesman of the White House highlighted the need to calm the patent disputes industry which many believe is holding the United States technological innovation back. The aim? To cut down on excess litigation and further allow innovation throughout the United States industry’s.

The move for the U.S government was seen as ground braking by many; the White House often leaves the U.S legal system to Congress, however, the recent press briefing highlights just how serious the U.S government takes innovation on its home turf.

However, this is likely to change very little. It will now be down the decisions made by Congress in weather the current law needs reviewing or not. Many technology firms around the world (many based in the U.S) see patents as vital for their businesses security; however, many also consider the current legal system to be a way for patent trolls to make money from others innovation.

The patent dispute is certain to continue with many large commercial brands continuing to fight over patents around the world. With further commercial innovation comes the likelihood of further patents being registered by companies such as Apple, Samsung, Dyson etc.

Ashton Hudson, Online Marketing Executive

ahudson@astonbond.co.uk

Aston Bond’s solicitors in Slough specialise in intellectual property law and can assist clients across England and Wales with copyright law, trademark registration and more. To talk to our intellectual property solicitors in Slough now and protect your business please call 01753 486 777 or email info@astonbond.co.uk. Alternatively, you can visit our offices at 135 High Street, Slough, Berkshire, SL1 1DN.

Passing off: pre-action undertakings

Posted on by Aston Bond Law Firm

Before commencing proceedings, you should normally send a letter before action; therefore, there is little harm in seeking undertakings within the same letter (whilst reserving all of your rights). Often, undertakings can be successfully gained, as well as agreeing appropriate damages, prior to and within the need for court action.

The undertakings sought will of course be in consideration of you refraining from bringing legal proceedings against the infringing individual/company for passing off, but if successfully obtained, these can be just as fruitful (if not more) than an outcome that could be achieved at court – and of course, without the stress and legal costs of attending court. It is not uncommon to seek the following assurances from an infringer:

  • Not to manufacture, import, offer for sale, advertise, distribute any infringing products (the Goods) with are confusingly similar and which are calculated or likely to be associated with or injure the reputation or goodwill associated with your trade mark.
  • Not to pass off as being associated or in any way connected with you or your business.
  • To deliver up all Goods and documents in the infringer’s possession which relate to the alleged passing off.
  • To provide a schedule of the sales and supplies made by the infringer of all Goods that fall within the alleged passing off, including complete details of quantities supplied, prices and the identity of all purchasers and the identity of all parties who have supplied the infringer with the Goods.

[Optional clause where passing off is of business rather than product:]

  • To provide to you details of whom the infringer has made any representation that the infringing company/individual is associated or any way connected with you or your business.
  • To provide a witness statement, confirming that the infringer has complied fully and promptly with the obligations imposed and that the information supplied above is accurate and comprehensive.
  • To pay such damages or profits relating to the passing off as may be agreed or, in default of agreement, determined by the court.

Of course, there is no guarantee that the infringer will comply and often the matter will need to be dealt with at Court. But, you can improve your prospects of successfully obtaining undertakings with a comprehensively drafted letter (which normally carries more weight if drafted by a solicitor) identifying the goodwill in your business, details of alleged passing off (enclosing copies of documentary evidence) and outline why it is likely to cause confusion in the minds of the public that the products the infringer is selling and/or the service the infringer is providing are your products/services, or are associated or connected with your business. Full reference should be made to how the two marks are similar and why the continued presence in the market of the infringer’s products being sold under their mark is likely to cause substantial damage to your reputation and goodwill. It is also helpful to set out examples of confusion that has occurred.

Aston Bond can assist you with obtaining, collating and selecting evidence to support an allegation for passing off and drafting a letter before action/request for undertakings.

Should court proceedings become necessary, we can act on your behalf to obtain various remedies, such as an injunction (pending trial), delivery up and/or destruction of all infringing copies, damages or an account of profits, legal costs and interest.

Dion McCarthy, Trainee Solicitor

dmccarthy@astonbond.co.uk